MEMORIAL 


OF  THE 


BOARD  OF 


SUPERVISORS 


OF  THE 


CITY  AND  COUNTY  OF  NEW  YORK 


PRATING  FOR  THE  PASSAGE  OF  THE 


TO  REVISE  AND  AMEND  THE  EXISTING  LAWS  RELATIVE  TO 


THE  ASSESSMENT  OF  TAXES  IN  THE  CITY  OF  NEW 


YORK,  AND  TO  REDUCE  THEM  INTO  ONE  ACT. 


NEW  YORK : 

McSpedon  & Baker,  Printers,  26  Pine  Street. 


* ; > 

- 


MEMORIAL 


OF  THE 

BOARD  OF  SUPERVISORS 

OF  THE 

i 

CITY  AND  COUNTY  OF  NEW  YORK, 


PRAYING  FOR  THE  PASSAGE  OF  THE 


Accompanying  Act, 

TO  REVISE  AND  AMEND  THE  EXISTING  LAWS  RELATIVE  TO 
THE  ASSESSMENT  OF  TAXES  IN  THE  CITY  OF  NEW 
YORK,  AND  TO  REDUCE  THEM  INTO  ONE  ACT. 


NEW  YORK : 

McSpedon  & Baker,  Printers,  25  Pine  Street. 

1850. 


3 ZCfL. 

\ *n\ 


. 


r- 

0 


p 

J) 

MEMORIAL. 


To  the  Legislature  of  the  State  of  New  York  : 

The  memorial  of  the  Board  of  Supervisors  of  the  city 
and  county  of  New  York, 

RESPECTFULLY  SHOWS  : 

That  in  view  of  the  burdensome  and  oppressive  taxes 
which  are  necessarily  cast  upon  their  constituents,  for  the 
support  of  their  local  government,  they  have  felt  it  to  he 
their  duty  to  enquire  into  the  causes  which  have  led  to  the 
present  state  of  things,  and  to  throw  themselves  upon  the 
legislative  authority  of  the  state,  for  the  adoption  of  mea- 
sures, by  which  the  further  continuance  of  an  evil,  which 
has  now  become  intolerable,  may  be  arrested. 

In  the  session  of  1843,  the  Common  Council  of  the  city 
of  New  York,  after  the  most  careful  reflection,  invited  the 
attention  of  the  Legislature  to  the  subject,  and  submitted 
their  views  upon  it,  in  a memorial  asking  the  passage  of 
an  act  similar  in  principle  to  that  which  accompanies  this 
memorial.  They  then,  in  reference  to  the  inequality  of 
taxation  of  which  they  complained,  took  occasion  to  press 


p 23648 


4 


upon  the  Legislature,  considerations  which  subsequent  ex- 
perience has  shown  to  be  just,  and  to  which,  in  the  outset 
of  what  your  memorialists  now  submit,  they  beg  to  ask 
your  attention. 

u It  has  long  been,”  said  that  memorial,  “ a subject  of 
observation  and  complaint,  that  the  present  mode  of  assess- 
ing taxes,  especially  upon  personal  property,  has  contri- 
buted much  to  the  inequality  of  taxation,  to  which  your 
memorialists  have  referred.  By  that  system,  the  assessors 
of  the  several  wards  in  the  city,  are  required  to  estimate 
and  assess  the  real  and  personal  property,  taxable  within 
its  limits,  according  to  the  best  information  they  can  ob- 
tain, and  the  best  judgment  which  they  are  able  to  form 
as  to  its  value,  subject  to  the  right  of  the  party  who  may 
be  assessed  upon  it,  by  his  own  oath,  to  reduce  the  value 
of  such  assessment.  As  it  respects  real  estate,  something 
like  an  adequate  judgment  may  in  this  manner  be  formed 
as  to  its  value  ; and  perhaps  no  just  reason  for  complaint 
exists,  that  that  species  of  property  is  inadequately  or  un- 
equally taxed.  But  in  regard  to  personal  property,  it  is 
most  obvious  that  a more  imperfect  system  could  scarcely 
be  devised.  The  assessors,  without  any  means  whatever 
of  knowing,  and  with  no  adequate  power  conferred  upon 
them  by  law,  by  which  they  can  possibly  ascertain  the  just 
amount  of  personal  property,  at  which  each  citizen  should 
be  assessed,  are  compelled  to  adopt  a random  estimate, 
which  may  either  far  exceed,  or  fall  far  short  of  the  true 
amount  at  which  it  should  be  assessed.  In  the  former 
case,  the  party  is  permitted  to  reduce  the  assessment  by 
his  own  oath  as  to  the  value  of  his  personal  property; 
while  in  the  latter,  however  inadequate  may  be  the  assess- 


ment,  whether  it  has  resulted  from  the  mistake  of  the  as- 
sessors, or  from  any  other  cause,  it  is  final  and  conclusive, 
and  no  means  of  remedying  the  injustice  to  those,  in  com- 
mon with  whom  the  party  thus  assessed  should  bear  the 
burdens  of  the  city  government,  are  afforded.  Within 
this  latter  class,  your  memorialists  do  not  hesitate  to  believe 
that  a very  great  portion  of  the  assessment  on  personal 
property  is  included,  convinced  as  they  are,  that  in  almost 
every  case  in  which  the  party  omits  to  reduce  by  his  own 
oath,  the  valuation  of  his  personal  property,  its  assessment 
falls  far  below  its  actual  value. 

aBy  the  existing  law,  also,  when  the  assessment  rolls 
are  completed  and  delivered  to  the  collectors,  they  are 
final  and  conclusive,  unless,  for  sufficient  cause  the  Com- 
mon Council,  upon  the  application  of  a party  aggrieved, 
shall  see  fit  to  reduce  or  remit  his  tax  ; but  though  it 
should  after  that  time  appear  most  conclusively,  that  real 
or  personal  property  to  any  conceivable  amount,  has  been 
omitted  by  the  assessors,  no  means  are  afforded  by  law  of 
bringing  it  within  the  taxable  fund.  That  a vast  amount 
of  property,  and  especially  of  personal  property,  in  this 
manner  escapes  taxation,  cannot  for  a moment  be  doubted, 
The  assessors’  books  are  open  during  the  summer  season, 
and  the  assessments  which  they  are  authorised  to  make, 
are  confined  to  that  period.  A large  portion  of  our  fellow- 
citizens  are  then  absent  from  the  city  ; and  it  is  not  too 
much  to  say,  from  the  information  which  your  memorial- 
ists have  derived  upon  the  subject,  that  many  who  have 
no  ostensible  residence,  but  yet  who  are  in  possession  of 
large  amounts  of  personal  property  justly  taxable,  avail 
themselves  of  their  absence  from  the  city,  during  the  ces- 


6 


sation  of  business  in  the  summer  season,  to  elude  the 
assessors,  and  thus  entirely  escape  taxation. 

“ By  the  usual  provisions  of  the  tax  laws  annually 
passed  for  this  city,  all  deficiencies  in  the  collection  of 
taxes  are  assessed  upon  the  wards  in  which  they  happen, 
in  the  year  following-  such  deficiency.  The  effect  of  this 
provision  is,  that  the  assessors  of  the  several  wards  of  the 
city,  anxious  to  avoid  the  imposition  of  a tax  for  this  pur- 
pose in  their  wards,  in  the  ensuing  year,  have  been  indu- 
ced, in  many  instances,  to  omit  to  assess  persons  who  were 
justly  taxable,  where  a doubt  has  arisen  in  their  minds  as  to 
that  fact,  from  an  unwillingness  to  cast  the  deficiency,  if 
any  should  arise,  upon  their  ward.  Instances  of  this  kind 
have  occurred  within  the  knowledge  of  your  memorialists, 
which  abundantly  convince  them  that  the  evils  arising 
from  this  provision,  are  of  an  alarming  magnitude. 

a But  there  is  a subject  of  still  greater  importance,  and 
to  which  your  memorialists  have  devoted  much  reflection. 
Those  of  our  citizens  who  have  been  severely  taxed,  and 
especially  upon  their  real  estate,  have  long,  and  your 
memorialists  are  constrained  to  say,  justly  complained,  that 
an  immense  amount  of  personal  property,  which  ought 
upon  every  principle  of  justice  and  reason,  to  contribute  to 
the  expenses  of  the  city  government,  has  escaped  taxation. 
They  allude  to  the  vast  amount  of  merchandize  and  other 
property  in  this  city,  which  is  held  and  owned  by  non- 
residents. By  the  present  law  for  the  assessment  of  taxes, 
every  person  must  be  assessed  upon  his  personal  property 
in  the  county  in  which^he  resides.  The  effect  of  this  pro- 
vision is,  that  those  who  find  it  convenient  and  profitable 


7 


to  transact  their  ordinary  business  in  the  city  of  New  York, 
and  yet  to  reside  out  of  the  city,  are  enabled  to  avail  them- 
selves of  all  the  protection  to  their  property Awhich  is  af- 
forded by  the  various  branches  and  departments  of  our 
city  government,  (in  which  are  included  the  Watch,  Police, 
Lamp,  Street  Cleaning  and  other  departments,)  and,  in 
addition  to  this,  of  a vast  reduction  in  their  premiums  for 
insurance  by  the  introduction  of  the  Croton  aqueduct;  and 
yet.,  that  for  all  these  benefits  they  contribute  not  a cent  to 
the  expense  of  maintaining  them.  It  has  been  a subject 
of  common  remark,  that  persons  thus  situated  have  built 
up  the  neighboring  villages,  and  thus  materially  reduced 
the  value  of  the  taxable  real  property  in  the  city,  with  the 
effect,  if  not  for  the  purpose,  of  evading  a contribution  to 
those  burdens,  which  are  incurred,  to  a greaUdegree,  by 
the  means  afforded  for  the  protection  of  their  property. 
That  such,  for  years  past,  has  been  the  fact,  is  too  well 
known  to  admit  of  controversy  ; and  it  is  a matter  of  gen- 
eral notoriety,  that  a very  large  number  of  persons,  simi- 
larly situated,  have  expressed  their  intention  speedily  to 
change  their  residence  from  the  city  of  New  York,  while 
they  still  intend  to  transact  their  business  here,  for  the 
avowed  purpose  of  escaping  taxation.  Upon  the  injustice 
of  a system,  by  which  this  end  can  be  successfully  accom- 
plished, it  is  unnecessary  for  your  memorialists  to  enlarge. 
Taxation  and  protection  are,  in  their  judgment,  reciprocal  ; 
and  the  iniquity  of  a plan  by  which  the  protection  of  gov- 
ernment is  to  be  afforded  to  the  property  of  a citizen  at 
vast  expense,  while  he  is  not  only  free  from  taxation  to 
support  that  government,  but  while  that  tax  is  unequally 
borne  by  others,  is  so  glaring  as  only  to  require  to  be 
stated.  If  the  system  now  pursued  should  continue,  the 


8 


day  is  not  far  distant,  when  real  estate,  already  crushed  by 
the  inequality  of  taxation,  will  be  compelled  to  bear,  if  it 
already  does  not,  a monstrous  disproportion  of  the  expenses 
of  the  city  ; and  when,  instead  of  the  taxes  falling  equally 
upon  all,  they  will  be  wrung  from  the  hard  earnings  of 
the  poor,  in  the  increased  and  oppressive  rents  to  which 
they  must  necessarily  be  subjected.” 

The  views  which  were  thus  urged,  at  that  time  how- 
ever, failed  to  meet  a response  in  the  action  of  the  legis- 
lature ; and  the  citizens  of  New  York  resolved  to  await, 
what  they  did  not  doubt  would  follow,  the  pressure  of  the 
evil  upon  other  parts  of  the  state,  until  it  should  from  ev- 
ery quarter  call  for  the  application  of  a remedy,  before 
again  invoking  legislative  aid.  That  time  they  believe  has 
now  arrived.  From  every  quarter  of  the  state,  the  same 
complaints,  in  part  at  least,  are  made.  The  attention  of 
the  legislature  has  been  invited  to  the  subject  by  the  Gov- 
ernor; and  the  distinguished  officer  who  presides  over  the 
financial  concerns  of  the  state,  has,  in  his  late  annual  re- 
port, strongly  pressed  its  immediate  consideration.  His 
remarks  in  relation  to  it,  are  so  clear  and  emphatic,  and  so 
fully  sustain  the  views  above  referred  to,  that  your  memo- 
rialists cannot  forbear  quoting  them. 

u That  the  actual  value,”  says  the  Comptroller,  tc  of 
the  taxable  property  of  the  state,  is  much  larger  than  the 
returns  of  the  assessors  would  indicate,  is  universally  con- 
ceded. It  is  believed  that  the  average  valuation  of  real 
estate,  does  not  exceed  one-half  the  actual  prices  estab- 
lished by  the  estimate  of  the  owners  and  the  daily  transac- 
tions between  buyers  and  sellers,  whilst  in  many  counties 


9 


the  assessments,  fall  far  below  that  proportion.  The  want 
of  a uniform  rule  or  standard  of  valuation,  produces  much 
inequality  between  the  counties,  causing  some  to  bear 
more,  others  less,  than  their  just  proportion  of  the  state  tax. 
Whether  some  further  provisions  of  law  are  not  required 
to  ensure  a more  equitable  distribution  of  the  public  burth- 
ens, is  a question  to  which  the  Comptroller  would  invite 
the  attention  of  the  legislature. 

“ It  is  not  doubted  that  the  real  estate,  notwithstanding 
its  under  valuation  by  the  assessors,  bears  much  more  than 
its  rightful  share  of  taxation,  as  compared  with  the  per- 
sonal property.  The  practical  difficulty  experienced  in 
ascertaining  the  amount  and  value  of  personal  estate  liable 
to  assessment,  is  one  cause  of  the  custom  which  so  generally 
prevails  of  estimating  landed  property  below  its  true  value. 
The  land  is  open  to  view  and  examination,  its  quanties 
ascertainable  with  facility  and  certainty,  and  by  no  possi- 
bility can  it  escape  the  vigilance  of  the  assessor.  The  case 
is  widely  different  with  the  varied  pecuniary  interests  and 
investments  which  constitute  personal  estate.  By  many 
ingenious  devices,  perhaps  by  mere  silence  on  the  part  of 
the  fortunate  owner,  a large  portion  of  the  wealth  of  the 
state  eludes  the  assessor  and  escapes  its  share  of  the  cost  of 
sustaining  the  government,  to  which  all  property  owes  its 
protection.  The  existing  laws  are  defective  in  omitting  to 
clothe  the  assessors  with  adequate  power  to  require  full  and 
correct  information  from  the  tax-payer,  of  the  amount  of 
his  personal  estate  subject  to  investment.  Whilst  ample 
and  proper  provision  has  been  made  in  favor  of  the  citizen 
to  enable  him  to  correct  errors  or  over  valuation,  no  means 
whatever  have  been  supplied  J,o  correct  under  estimates, 


10 


or  to  reach  personal  property,  in  those  numerous  cases 
where  the  owner  may  choose  to  withhold  its  existence  or 
its  value,  from  the  knowledge  of  the  assessors.  Any  per- 
son  interested  in  reducing  an  assessment,  may,  at  his  op- 
tion, make  an  affidavit  that  the  value  of  his  taxable  pro- 
perty does  not  exceed  a certain  sum  ; yet  the  officers  en- 
trusted with  the  difficult  duty  of  ascertaining  the  value 
of  all  the  property  subject  to  assessment,  have  no  authority 
to  require  information  on  oath,  and  the  result  is  that  they 
must  rely  on  indefinite  rumors,  or  interested  statements, 
and  are  frequently  obliged  to  act  in  ignorance  of  essential 
facts  or  abandon  the  attempt  to  perform  their  office.  Un- 
der such  a system,  it  follows  that  many  of  the  possessors  of 
ready  money,  investments  in  funds  and  securities,  and  pro- 
ductive capital  in  various  forms,  contribute  little  or  nothing 
to  the  treasury. 

“No  good  reason  can  be  given,  why  this  species  of  pro- 
perty should  not  bear  its  equal  proportion  of  the  common 
burthens,  instead  of  enjoying  a comparative  immunity  from 
taxation,  at  the  expense  of  the  landed  interest.  The  ow- 
ner or  occupant  of  the  soil  is  subject  to  taxation,  on  the 
full  value  of  the  land,  although  it  may  be  under  a mort- 
gage for  a larger  portion  of  the  value  ; while  in  too  many 
instances  the  owner  of  the  incumbrance,  though  deriving  a 
share  of  the  profits  of  the  land,  in  the  form  of  interest, 
evades  assessment  and  enjoys  an  exemption  from  taxes. — 
That  a system,  which  tolerates  inequalities  so  repugnant 
to  justice  and  sound  policy,  needs  some  amendment,  will 
hardly  be  questioned.  But,  to  prescribe  the  remedy  which 
the  occasion  requires,  is  not  an  easy  task,  and  perhaps  no 
plan  can  be  suggested  which  will  not  call  forth  earnest 
objections. 


11 


“ Impressed  with  the  importance  of  applying  some  pro- 
per corrective  to  the  evils  adverted  to,  the  Comptroller  ad- 
dressed letters  to  the  financial  officers  of  several  states, 
asking  for  information  in  respect  to  their  laws  and  regula- 
tions relating  to  the  assessment  of  property  and  the  collec- 
tion of  taxes.  These  inquiries  have  been  responded  to 
with  a degree  of  courtesy  which  demands  acknowledge- 
ment, and  it  may  be  well  to  consider  whether  some  of  the 
improvements  which  have  been  found  successful  in  other 
states,  might  produce  satisfactory  results  if  adopted  in  our 
own.  The  Comptroller  deems  it  proper,  in  this  connec- 
tion, to  refer  to  a full  and  interesting  communication  re- 
cently received  from  the  Auditor  of  the  State  of  Ohio.  An 
entire  new  system  of  assessment  was  adopted,  in  that  state, 
in  1846.  Its  provisions  were  admirably  adapted  to  ensure 
a full  and  correct  valuation  and  equalization  of  all  the  real 
and  personal  property  justly  chargeable  with  the  support 
of  government.  The  effects  are  seen  in  an  increase  of  the 
assessed  value  of  the  taxable  property  on  the  list,  from 
$136,142,166,  in  the  year  1844,  to  $430,739,385,  in  1849. 
To  a considerable  extent,  this  result  is  attributed  to  the  new 
regulations  adopted  for  enforcing  an  honest  assessment  of 
all  the  personal  property  not  entitled  to  exemption.  In  ref- 
erence to  this  subject,  the  Auditor  of  State  makes  the  fol- 
lowing statement : 


i “ All  personal  property  is  annually  assessed  by  town- 
ship assessors,  elected  by  the  people  of  the  townships. — 
Forms  and  instructions  are  prepared  by  the  Auditor  of  State, 
and  forwarded  to  the  county  auditors  annually,  for  the  use 
of  the  township  assessors.  A blank  form  is  delivered  to 
each  individual,  who  is  required  to  return  the  value  of  his 


12 


own  property,  under  oath,  to  the  assessor.  If  any  person 
refuses  to  return  a statement  of  his  personal  property  under 
oath,  as  required,  the  assessor  ascertains  the  value  from 
such  evidence  as  he  can  obtain,  or  from  his  own  knowledge, 
and  in  such  case  he  returns  that  the  party  “ refused  to 
swear  ” and  the  county  auditor  adds  50  per  cent,  to  the 
sum  returned  by  the  assessor,  as  a penalty. 

u Merchandise  and  the  stock,  or  raw  material,  of  man- 
ufacturers are  taxed  in  the  city,  town  or  township  in 
which  they  are  located.  No  matter  where  the  owner  re- 
sides, his  real  property,  stock  in  merchandise  and  manu- 
factures, are  placed  on  the  list  and  taxed  where  they  are 
situated  when  the  assessment  is  made.  Thus,  the  store, 
manufactory  and  merchandise  in  the  city  and  town,  are 
subject  to  the  local  and  corporation  taxes,  without  regard 
to  the  place  where  the  owner  resides.”  ’ 

u Whether  these,  or  any  similar  provisions,  are  adapted 
to  the  condition  of  this  state,  or  would  advance  its  general 
interests,  and  ensure  a more  perfect  equality  in  the  contri- 
butions which  property  must  yield  as  the  price  of  its  se- 
cure enjoyment  under  a system  of  laws,  is  respectfully  sub- 
mitted to  the  consideration  of  the  Legislature.” 

The  views  thus  presented,  leave  but  little  necessity  for 
further  enlarging  upon  the  evil  to  which  your  memorialists 
have  referred.  In  the  city  of  New-York,  it  has  long  been 
felt  to  an  extent,  not  merely  prejudicial  but  highly  disas- 
trous to  the  interests,  and  as  your  memorialists  believe,  to  the 
rights  of  the  people  of  that  city;  and  in  the  name  of  their 
constituents,  your  memorialists  now  ask  for  the  application 


13 


of  a prompt  and  efficient,  remedy.  For  this  purpose,  they 
submit  herewith  to  the  legislature,  the  draft  of  an  act,  care- 
fully prepared,  maturely  considered,  and  adapted  as  they 
confidently  believe  to  the  just  end  they  have  in  view.  Its 
details  are  somewhat  voluminous,  and  as  a more  conve- 
nient mode  of  bringing  it  to  the  consideration  of  the  legis- 
lature, they  will  here  briefly  review  its  principles,  and 
refer  to  such  of  its  provisions  as  are  new. 

The  act,  as  its  title  imports,  is  designed  to  revise  and 
amend  the  existing  laws  relative  to  the  assessment  of  taxes 
in  the  city  of  New  York,  and  to  reduce  them  into  one  act. 
For  the  sake  of  convenience  of  arrangement  it  is  distribu- 
ted into  nine  titles. 

The  first  title  proposes  to  define  the  property  liable  to 
taxation  in  the  city  of  New  York.  In  respect  to  real  and 
personal  property  now  taxable,  it  retains  the  provisions  of 
the  existing  law,  but  introduces  new  principles  as  to  the 
personal  property  to  be  made  taxable.  To  these  your  me- 
morialists will  briefly  advert.  In  the  first  place,  it  provides 
in  sections  1 and  4,  for  the  taxation  of  personal  property 
belonging  to  those  transacting  their  ordinary  business  in 
that  city,  or  interested  in  such  business,  though  not  inhabi- 
tants thereof,  in  the  following  cases:  — 


1.  Where  it  is  used  or  applied  by  the  owner,  in  the  city 
of  New  York,  in  the  transaction  of  his  ordinary  business,  or 
in  any  manner  connected  therewith,  or  invested  by  him  in 
trade  in  that  city,  either  as  a general  or  special  partner,  or 
otherwise : 


14 


2.  Where  it  is  possessed  by  him,  or  under  his  control  in 
that  city,  as  factor,  agent  or  commission  merchant,  except 
where  it  belongs  to  a resident  of  any  other  part  of  this  state, 
and  is  sent  to  the  city  of  New  York  to  him,  as  a factor, 
agent  or  commission  merchant,  to  be  sold  on  commission 
or  otherwise  for  the  benefit  of  the  owner : 

3.  Where  it  consists  of  any  other  personal  property  in 
that  city,  which  is  taxable  by  law. 

This  provision  does  not  however  affect  his  liability  to 
taxation  in  the  county  in  which  he  resides,  as  now  pre- 
scribed by  law,  in  respect  to  any  other  property  owned  or 
possessed  by  him. 

The  principle  upon  which  these  provisions  rest,  has  been 
perhaps  already  sufficiently  presented.  In  further  enforce- 
ment of  it,  however,  your  memorialists  cannot  forbear  call- 
ing the  attention  of  the  legislature  to  the  peculiar  interests, 
on  the  part  of  the  city  of  New  York,  which  seemed  to  them 
imperatively  to  require  its  adoption.  In  consequence  of 
the  vast  expense  which  that  city  has  incurred  for  the  pro- 
tection of  property  situated  within  its  limits,  the  taxes 
annually  levied,  have  been  swelled  to  an  Extent  which 
has  now  become  insupportable.  And  yet,  under  the 
existing  system,  the  reimbursement  of  that  expense  is, 
to  a no  inconsiderable  extent,  borne  by  those  who  have 
no  immediate  interest  in  the  protection  of  a large  amount 
of  that  property.  Inadequately  as  real  estate  is  taxed, 
in  comparison  with  its  value,  it  is  still  forced  to  bear  a 
very  disproportionate  share  of  the  burden.  By  a refer- 
ence to  the  assessment  rolls  for  1849,  it  will  be  seen  that  the 


whole  amount  of  taxable  real  property  is  $197,761,919  00, 
while  the  whole  amount  of  personal  property,  is  but 
$58,455,174  48;  of  which  latter  sum,  nearly  $35,000,000 
is  in  two,  out  of  the  eighteen  wards  of  the  city,  leaving  but 
about  $23,000,000  in  the  remainder.  This  great  disparity 
is  the  result  of  two  causes  : first,  the  withdrawal  of  a large 
portion  of  taxable  personal  property,  by  the  non-residence 
of  its  owners,  who  transact  their  business  in  the  city  of  New 
York;  and  second,  of  what  will  be  presently  referred  to, 
the  imperfect  manner  in  which  the  assessments  are  made. 

Those  who  are  in  any  degree  acquainted  with  the 
city  of  New  York  and  the  adjacent  cities  and  villages,  need 
scarcely  be  informed  of  the  extent  to  which  the  first  of 
these  causes  has  gone.  Within  a few  years  past,  a very 
large  body  of  the  wealthiest  citizens  of  New  York,  pursu- 
ing their  ordinary  business  there,  have  removed  from  it  to 
the  neighboring  counties,  and  it  is  a fact  too  notorious 
to  be  questioned,  that  many  of  them  have  done  so  for  the 
purpose  of  avoiding  taxation  in  that  city.  Indeed,  if  it 
were  not  invidious  to  refer  to  particular  instances,  cases 
might  be  adduced,  where  some  of  our  most  opulent  capita- 
lists have  chosen  to  consider  their  country  residences  as  the 
place  where  they  should  be  taxed,  while  they  have  not 
merely  pursued  their  business  in  the  city,  but  have  kept 
their  dwellings  there,  and  have  occupied  them  during  the 
principal  part  of  the  year.  In  view  of  these  facts,  your 
memorialists  would  enquire  whether,  as  a simple  matter  of 
justice,  persons  so  circumstanced  should  not  contribute  their 
share  of  the  taxable  burdens  of  the  city.  They  derive  an 
equal  benefit  with  those  by  whom  they  are  borne,  in  the 
protection  of  their  property  from  loss,  robbery  or  fire,  by 
means  of  the  immensely  expensive  establishments  of  the 


16 


Fire,  Police  and  Croton  Aqueduct  departments,  which 
have  been  furnished  by  the  city  of  New  York,  to  say  no- 
thing- of  the  reduction  of  insurance  in  their  favor,  which 
have  resulted  from  those  establishments.  Will  any  one 
say,  that  in  contributing  their  share  of  taxation  in  a neigh- 
boring village,  where  this  protection  is  neither  extended  nor 
required,  they  are  bearing  their  just  share  of  the  burdens 
of  government?  or  is  it  not  rather  a proposition  too  plain 
for  argument,  that  they  are  enabled  by  the  existing  law, 
to  avoid  the  performance  of  the  plainest  obligations  of 
duty  and  justice  ? 

Your  memorialists  are  of  course  unable  to  estimate,  with 
anything  like  an  approach  to  certainty,  the  extent  of  the 
evil  to  which  in  this  respect  they  have  referred  ; but  they 
confidently  believe  that  the  loss  to  the  taxable  fund  of  the 
city  of  New  York,  from  this  cause  alone,  amounts  to  many 
millions  of  dollars  annually.  What  the  result  of  its  con- 
tinuance may  be,  your  memorialists  will  scarcely  venture 
to  anticipate.  With  the  increasing  resources  of  the  city, 
its  expenses  must  necessarily  be  enhanced,  and  it  is  not 
going  too  far,  to  predict  that,  unless  those  for  whose  ben- 
efit these  expenses  are  incurred,  are  compelled  to  contribute 
to  their  payment,  the  real  estate  in  the  city,  already  suf- 
ficiently burdened,  will  be  compelled  eventually  to  pay 
nearly  the  whole  of  its  taxes.  Against  a system  resulting- 
in  such  injustice  as  this,  your  memorialists  earnestly  pro- 
test, and  in  asking  the  adoption  of  a measure  calculated  to 
avert  it,  they  repose  in  confidence  upon  the  action  of  the 
legislature. 

The  second  title  relates  to  the  assessors  and  their  general 
powers  and  duties.  It  retains  two  assessors  for  each  ward, 


17 


as  at  present,  but  provides  for  their  election  for  two  years, 
classifying  them,  however,  so  that  one  assessor  shall  be 
elected  for  each  ward  annually.  The  object  of  this  pro- 
vision is,  to  give  each  ward  the  benefit  at  all  times  of  the  ex- 
perience of  one  of  the  old  assessors.  It  provides  for  the 
continuance  of  the  board  of  assessors,  but  instead  of  giving 
to  them  the  power  to  revise  and  correct  the  assessments,  it 
limits  them  to  the  preliminary  adoption  of  rules  governing 
the  assessors  in  the  performance  of  their  duties.  The 
reason  of  this  change  is,  that  in  the  seventh  title,  provision 
is  made  for  the  appointment  of  three  tax  commissioners, 
upon  whom  all  power  for  the  revision  of  the  assessment 
rolls  and  the  correction  of  taxes,  is  proposed  to  be  con- 
ferred. 

The  third  title  relates  to  the  assessment  of  taxes  upon 
individuals.  Referring  the  legislature  to  the  provisions  of 
the  act  itself,  contained  in  sections  22  to 37,  both  inclusive, 
for  a more  full  explanation  of  the  principles  embraced  in 
this  title,  a brief  reference  to  them  will  here  be  made. 
By  the  existing  law,  both  real  and  personal  property  is 
taxed  according  to  the  mere  judgment  of  the  assessors, 
unaided  in  the  great  majority  of  cases,  and  especially  in 
relation  to  personal  property,  by  any  correct  sources  of 
information.  Even  in  regard  to  real  estate,  the  most  un- 
accountable errors  not  un frequently  result  from  this  mode 
of  assessment.  From  among  the  great  number  of  cases 
of  this  kind  which  might  be  presented,  your  memo- 
rialists invite  the  attention  of  the  legislature  to  a few 
which  are  embodied  in  a report  recently  made  to  them  by 
a select  committee  of  their  body,  consisting  of  the  late 
president  of  the  Board  of  Aldermen,  (Aid.  J.  Kelly,)  the 
3 


18 


Mayor  and  Recorder,  and  Aldermen  Wood  and  Bard.  In 
their  report,  the  committee  remark  as  follows : 

“|That  since  the  reference  to  them  of  this  important  subject, 
(the  laws  for  the  assessment  of  real  and  personal  property,) 
they  have  held  several  meetings,  and  invited  to  their  con- 
sultations several  of  our  most  respectable  citizens, — men 
who  have  devoted  much  time  to  matters  relating  to  the 
welfare  of  our  city,  and  whose  knowledge  and  experience, 
particularly  in  a matter  so  immediately  and  materially  af- 
fecting the  entire  resident  population  of  this  city  and 
county,  was  deemed  valuable  and  calculated  to  aid  your 
committee  in  ascertaining  the  evils  growing  out  of  the  pre- 
sent laws,  and  to  suggest  such  remedial  measures  as  would 
correct  them. 

u In  the  consideration  of  this  matter,  the  attention  of  the 
committee  has  been  called  to  many  of  the  gross  and  flag- 
rant errors  committed  by  many  of  the  assessors,  as  exhit- 
ed  in  the  assessment  rolls  for  the  year  1849,  a few  of  which 
are  herein  particularized,  for  the  purpose  of  showing  the 
abuses  which  have  been  perpetrated,  viz.  : House  and  lot 
No.  210  Bowery,  assessed  at  $1,000  ; lot  on  the  rear  of  the 
same  assessed  at  $4,600,  both  belonging  to  the  same 
owner,  and  worth  at  least  the  sum  of  $20,000. 

u Buildings  and  lots  Nos.  80  and  80|  Pearl  street,  asses- 
sed at  $9,000  each.  No.  80|  has  recently  been  sold  for 
the  sum  of  $14,000. 

u Lots  on  Madison  avenue  and  Thirty-fifth  street, 
Eighteenth  Ward,  assessed  at  $1,000  each,  and  sold  on  the 
11th  December,  1849,  at  $2,475,  each. 


19 


u Lots  on  Madison  avenue  between  Thirty-fourth  and 
Thirty-fifth  streets,  assessed  at  $800,  each,  and  sold  on  the 
11th  December,  at  auction  for  an  average  of  $2,000,  each. 

“ Sixty-four  lots  on  Sixty-fourth  street,  and  Tenth  and 
Eleventh  avenues,  belonging  to  one  owner  and  assessed 
$50,  each,  and  for  which  $300,  each,  has  been  refused. 

u Sixty-four  lots  in  the  vicinity  of  Fifty-fourth  street 
and  Sixth  and  Seventh  avenues,  assessed  at  $2,000  for  the 
whole,  worth  at  least  from  $5,000  to  $7,000. 

“ Lots  on  Bloomingdale  road,  between  Thirty-eighth 
and  Thirty-ninth  streets,  assessed  at  $450,  each,  for  which 
the  owner  has  refused  to  take  the  sum  of  $2,000,  each. 

“ Lots  on  Fifth  avenue,  between  Twenty-fifth  and  For- 
tieth streets,  average  assessment  under  $1,400,  each  ; esti- 
mated value  of  the  same  at  least  $2,500,  each. 

u Lots  on  Broadway,  between  Twenty-fifth  and  Twenty- 
sixth  streets,  assessed  at  $1,400,  each,  and  recently  sold  at 
auction  for  $3,500,  each. 

u Gore  of  land  in  Seventeenth  street,  near  Fifth  avenue, 
assessed  at  $4,600,  sold  for  $17,500. 

“ Lots  on  Thirty-seventh  street,  between  Fourth  and 
Lexington  avenues,  assessed  at  $400,  each,  sold  on  the 
11th  December,  1849,  for  $1,100,  each. 

“ Lots  on  Thirty-second  street,  between  Fifth  and  Sixth 
avenues,  assessed  at  $600,  each,  for  which  the  owner  re- 
fuses to  take  the  sum  of  $1,650,  each. 


20 


u Houses  and  lots,  corner  of  Carlisle  and  Washington 
streets,  assessed  at  $16,000,  sold  at  auction  for  $25,000. 

u House  and  lot  in  Thirty-sixth  street,  between  Ninth 
and  Tenth  avenues,  assessed  at  $850,  worth  $2,000. 

“ Lots  situated  on  Thirty-second,  Thirty-third,  and 
Thirty-fourth  streets,  between  Eighth  and  Ninth  avenues, 
assessed  at  $500,  each,  and  for  which  the  owners  have  re- 
fused the  sum  of  $2,000,  each. 

u The  foregoing  are  but  a few  of  the  many  cases  which 
have  attracted  the  attention  of  the  committee,  but  serve 
sufficiently  to  show  the  great  necessity  which  exists  of 
some  immediate  legal  provision  which  shall  obviate  such 
gross  and  palpable  errors. v 

As  a remedy  for  the  evils  thus  pointed  out,  and  for 
those  which  are  referred  to  in  the  memorial  of  the  Com- 
mon Council,  in  1843,  of  which  an  extract  has  already 
been  given,  the  accompanying  act  proposes, 

1.  To  reach  all  the  taxable  personal  property  in  the 
city,  by  compelling  the  persons  taxable  therefor,  to  return 
under  oath  to  the  assessors,  the  amount  of  property  upon 
which  they  should  be  assessed,  at  a sum  not  less  than  its 
value,  under  the  penalty  of  being  subjected  to  a tax  not 
exceeding  double  the  amount,  subject  however  to  the  right 
to  reduce  it  by  affidavit.  A similar  provision  was  contain- 
ed in  the  act  applied  for  by  the  Common  Council  in  1843, 
and  the  same  principle  was  adopted  by  the  legislature  of 
Ohio,  in  1846,  as  will  appear  by  a reference  to  the  report 
of  the  Comptroller  already  quoted  ; 


21 


2.  To  assess  real  property,  according  to  the  judgment 
of  the  assessors,  to  its  full  value,  subject  to  reduction  upon 
the  affidavit  of  a disinterested  person,  instead,  as  at  present, 
of  the  owner ; and, 

3.  As  provided  in  a subsequent  part  of  the  act,  (sections 
91  and  92,)  to  require  the  assessors  to  assess  property  dis- 
covered after  the  completion  of  the  assessment  rolls,  and 
at  any  time  during  the  year. 

In  other  respects,  it  is  not  proposed  to  depart  materially 
from  the  existing  law. 

The  fourth  title,  relating  to  the  assessment  of  taxes  on 
corporations,  and  the  commutation  or  collection  thereof, 
contained  in  sections  38  to  53,  both  inclusive,  is  in  substan- 
tial conformity  with  the  laws  which  now  exist. 

The  fifth  title  relates  to  the  assessment  of  taxes  upon 
mutual  insurance  or  trust  companies  of  associations. 

A very  serious  embarrassment  has  recently  arisen  in  re- 
lation to  the  right  to  tax  the  property  of  companies  of  this 
description.  In  allusion  to  it,  the  Comptroller,  in  his  re- 
cent report,  referring  to  the  accounts  between  the  state 
treasury  and  the  city  and  county  of  New  York,  remarks  : 

“ The  books  of  this  office  exhibit  a balance  against  the 
city  and  county  of  New  York,  of  $113,716  21,  on  account 
of  the  State  tax.  The  principal  part  of  this  balance  was 
created  by  the  return  of  the  tax  assessed  on  mutual  in- 
surance companies  in  that  city,  for  the  years  1845,  1846, 
1847  and  1848.  The  former  Comptroller  refused  to  place 


these  returns  to  the  credit  of  the  city,  in  consequence  of 
doubts  which  were  entertained  as  to  the  legal  liabibilityof  mu- 
tual insurance  companies  to  taxation,  on  their  accumulated 
earnings.  No  proceedings  have  been  commenced  to  en- 
force this  portion  of  the  state  tax,  either  against  the  com- 
panies, or  the  city  and  county.  But  steps  were  taken  by 
the  Corporation  of  New  York,  to  bring  the  legal  question 
involved  to  an  adjudication.  A suit  was  instituted  in  the 
Superior  Court  of  that  city  for  the  purpose,  and  the  court 
decided  that  there  is  no  power  to  tax  the  funds  of  this  class 
of  corporations,  under  existing  laws.  It  is  understood  that 
the  city  authorities  have  determined  to  carry  the  case  be- 
fore an  appellate  tribunal.  The  Comptroller  respectfully 
submits  this  subject  to  the  legislature  for  definite  action.  It 
is  to  be  regretted  that  the  question  had  not  been  put  at  rest 
some  years  ago,  by  a statutory  provision.  It  is  difficult  to 
discover  any  ground  of  justice  or  public  policy,  on  which 
this  class  of  institutions  should  be  exempt  from  assessment 
on  their  clear  and  ascertained  profis.  A question  will 
arise, whether  the  balance  above  stated  ought  to  be  enforc- 
ed against  the  city  and  county  of  New  York,  under  the 
circumstances  of  the  case.  The  Comptroller  is  of  opinion, 
that  it  would  be  unreasonable  and  inequitable  to  require 
payment  from  the  city  treasury,  in  case  it  shall  be  finally 
determined  that  it  cannot  be  recovered  from  the  companies. 
To  collect  it  from  the  tax-payers  of  the  city,  would  in- 
crease their  contributions  to  the  state  beyond  a just  pro- 
portion, and  operate  in  effect,  as  a penalty  upon  them  for 
the  vigilance  of  their  authorities,  in  seeking  to  bring  an  ad- 
ditional capital  within  the  reach  of  taxation,  for  state  as 
well  as  city  purposes.75 


28 


The  accompanying’  act,  (section  100,)  defines  the  terms 
“ mutual  insurance  or  trust  companies,  or  associations,”  as 
including  all  companies  or  associations,  incorporated  or 
formed  under  special  or  general  acts  of  the  legislature  of 
this  state,  for  transacting  the  business  of  insurance  on  lives, 
or  against  loss  by  fire  or  other  cause,  or  against  marine 
risks,  or  for  receiving  or  holding  money  or  property  in 
trust,  upon  the  mutual  principle  or  plan,  as  contradistin- 
guished from  joint  stock  companies  or  corporations. 

The  title  under  consideration,  in  view  of  this  definition, 
provides  in  section  54,  that  a mutual  insurance  or  trust 
company  or  association,  formed  in  the  city  of  New  York, 
under  the  authority  of  this  state,  for  the  transaction  of 
business  therein,  is  liable  to  taxation  upon  the  amount  of 
its  securities,  whether  by  bond,  bill,  note  or  otherwise,  and 
upon  the  amount  of  its  accumulations  and  profits  remain- 
ing undivided  and  unpaid,  and  upon  all  its  other  personal 
property,  whether  owned  by  it  or  held  in  trust,  in  the  same 
manner  as  if  they  were  so  owned  or  held  by  an  individual  ; 
deducting  therefrom  its  ascertained  losses,  its  just  debts  and 
liabilities,  and  its  property  invested  in  the  stock  of  corpor- 
ations liable  to  taxation. 

The  principle  upon  which  this  provision  is  founded,  is 
as  just  as  it  is  simple.  It  is,  that  personal  property,  in- 
vested in  mutual  companies,  should  be  taxable  to  precisely 
the  same  extent  as  if  it  were  in  the  possession  of  its  differ- 
ent owners.  It  extends  to  stock  notes,  and  to  unpaid 
accumulations  and  profits,  deducting  ascertained  losses, 
and  stocks  held  in  corporations,  liable  to  taxation.  Stock 
notes  are  included  in  the  taxable  property,  for  the  reason, 


24 


that  being  liabilities  on  the  part  of  tbe  individuals  giving 
them,  they  are  to  be  deducted  from  their  taxable  property  ; 
and  unpaid  accumulations  are  included,  because  not  being 
in  the  hands  of  those  who  may  be  entitled  to  them,  they 
are  not  taxable  as  against  the  individual  owners. 

The  mode  of  assessing  the  property  of  mutual  compa- 
nies, is  provided  for  in  sections  56  to  61,  both  inclusive. 
It  is  analogous  to  that  provided  in  respect  to  individuals, 
in  requiring  that  it  be  made  under  the  oath  of  the  presi- 
dent, secretary,  treasurer,  or  other  chief  officer  of  the  com- 
pany, under  the  like  penalty  of  a taxation  to  double  the 
value  of  its  property,  subject  however,  to  the  same  right 
to  reduce  it  afterwards  by  affidavit. 

The  sixth  title  relates  to  the  assessment  of  taxes  upon 
foreign  corporations,  companies  or  associations,  and  is  con- 
tained in  sections  62  to  73,  both  inclusive.  The  principle 
of  taxation  in  these  cases,  and  the  mode  of  ascertaining 
the  amount  of  tax,  is  analogous  to  that  just  referred  to  in 
respect  to  mutual  companies  formed  in  this  state,  in  requir- 
ing the  oath  of  the  agent  as  to  the  amount  of  taxable  prop- 
erty, under  the  penalty  of  taxation  to  double  its  value, 
and  subject  in  the  same  manner  to  reduction  upon  affida- 
vit. The  personal  property  of  these  institutions  which  is 
defined  to  be  taxable,  is  their  capital  employed  in  the  city 
of  New  York,  and  in  the  case  of  mutual  companies,  their 
securities  and  unpaid  accumulations  connected  with  their 
business  in  that  city,  as  well  as  their  personal  property 
therein.  To  render  the  attainment  of  correct  information 
on  this  subject,  more  easy,  it  is  provided  by  section  62, 
that  no  foreign  monied  corporation,  or  foreign  mutual  in- 


25 


surance  or  trust  company  or  association,  can  establish  an 
agency  in  the  city  of  New  York,  or  perform  any  act  there- 
in, under  its  charter  or  articles  of  association,  until  the 
agent  or  person  conducting  its  business,  shall  file  with  the 
Comptroller  of  that  city, 

1.  A copy  of  itscharter  or  articles  of  association,  with  an 
affidavit  taken  before  a person  authorized  to  administer 
oaths  in  that  city,  stating  the  amount  of  its  capital  paid 
in,  or  secured  to  be  paid  in,  or  the  amount  and  value  of 
the  securities  upon  which  its  business  is  founded  : 

2.  A bond  with  two  sufficient  sureties,  to  be  approved 
by  the  Comptroller  of  that  city,  in  a penal  sum  equal  to 
at  least  two  per  cent,  upon  the  amount  of  such  capital  or 
securities,  conditioned  to  pay  to  the  Mayor,  Aldermen  and 
Commonalty  of  the  city  of  New  York,  all  taxes  which 
may  be  assessed  upon  the  corporation,  company  or  asso- 
ciation ; and 

3.  Unless,  within  ten  days  after  the  first  day  of  January, 
in  each  year,  the  bond  mentioned  in  the  last  subdivision  be 
renewed. 

Another  section  also,  (sec.  73,)  provides  that  if  a cor- 
poration, company  or  association,  taxable  as  provided  in 
this  title,  neglect  or  refuse  to  pay  the  tax  imposed  thereon, 
for  ten  days  after  the  final  correction  of  the  assessment 
rolls  by  the  Board  of  Supervisors,  the  counsel  to  the  Cor- 
poration must  prosecute  the  bond  given  therefor,  accord- 
ing to  section  62. 

To  the  justice  of  the  provisions  relating  to  this  subject, 
there  would  seem  to  be  no  well  founded  objection.  Their 
4 


26 


object  is  to  place  capital,  brought  into  the  city  of  New 
York,  from  other  states  and  countries,  and  used  here  for 
the  benefit  of  its  owners,  upon  the  same  footing,  and  no 
other,  as  that  belonging  to  our  own  citizens.  Nor  is  the 
wisdom  of  this  policy  disproved  by  the  apprehension  some- 
times expressed,  that  it  may  tend  to  drive  from  among 
us,  the  use  or  investment  of  foreign  capital.  This  sub- 
ject, like  every  other  of  a commercial  nature,  is  regulated 
by  the  immutable  laws  of  trade.  Capital  seeks  the  mar- 
ket where  it  can  be  employed  to  the  best  advantage,  and 
the  extent  to  which  it  is  thus  employed,  is  governed  by 
the  demand  and  supply,  and  by  the  relative  advantages 
consequent  thereon  in  its  investment.  If  the  argument 
against  this  principle  proved  any  thing,  it  would  equally 
establish  the  impolicy  of  the  system  of  taxation,  which 
has  always  been  adopted,  and  the  wisdom  of  which  has 
never  been  questioned,  in  respect  to  the  taxation  of  the 
property  of  our  own  citizens,  employed  by  them  in 
trade,  whether  as  individuals  or  corporators. 

The  seventh  title  relates  to  the  tax-commissioners  and 
their  powers  and  duties,  and  is  contained  in  sections  74 
to  84,  both  inclusive. 

By  the  existing  law,  the  taxes  upon  real  and  personal 
property  are  assessed,  in  the  first  instance,  by  the  two  as- 
sessors chosen  annually  in  the  different  wards.  In  the 
performance  of  this  duty  they  are  limited  to  a few  weeks, 
and  that  principally  in  the  summer  season,  when  a large 
portion  of  the  citizens  of  New  York,  and  of  that  class 
too,  who  should  contribute  most  largely  to  the  burdens  im- 
posed upon  the  city,  are  absent.  The  assessment  rolls  of  the 


27 


different  wards  are  then  submitted  to  the  whole  body  of 
assessors,  who  constitute  a board  for  the  purpose,  for  revi- 
sion and  correction.  When  the  rolls  are  corrected,  they 
are  returned  to  the  assessors  of  the  wards,  by  whom  noti- 
ces are  required  to  be  published,  calling  for  objections  to 
any  of  the  assessments  within  twenty  days,  during  which 
time  any  person  considering  himself  aggrieved,  may  upon 
affidavit  reduce  the  amount  of  his  assessment.  The  rolls 
are  then  transcribed  and  returned  to  the  Board  of  Super- 
visors, by  whom  the  tax  upon  each  person  named  in  them 
is  imposed  according  to  the  assessed  value  of  his  property, 
and  who  have  also  the  power  of  remitting  or  correcting  a 
tax,  upon  sufficient  cause. 

To  the  system  of  which  this  is  a brief  summary,  the 
strongest  objections  exist.  In  the  first  place,  the  very 
limited  period  within  which  the  assessment  must  be  made, 
is  of  itself  productive  of  great  injustice.  Those  who  can- 
not be  reached  during  that  period,  are  not  liable  to  assess- 
ment during  the  year  ; and  it  is  well  known,  as  well  from 
this  fact,  as  from  what  has  already  been  said,  that  a vast 
amount  of  personal  property  thus  escapes  taxation. 

Second,  the  revision  of  the  assessment  rolls  by  the  large 
body  of  assessors  to  whom  they  are  ultimately  submitted, 
has  not  been  found  productive  of  the  benefits  designed. 
They  are  necessarily  limited  to  a short  time  for  the  per- 
formance of  the  duty,  and  while  the  assessors  of  each  ward 
may  be  presumed,  which  is  not  always  the  fact,  to  have  a 
tolerably  accurate  knowledge  of  assessable  property  within 
their  wards,  it  can  hardly  be  expected  that  the  advice  or 
determination  of  those  more  remote  will  aid  very  materially 


28 


in  making  the  proper  corrections.  But  when  to  this  is 
added  the  fact,  that,  by  reason  of  their  annual  election, 
the  assessors  are  a constantly  shifting  body,  the  necessity 
for  a change  hardly  admits  of  question. 

The  substitute  proposed  by  this  title,  is  the  appointment 
of  a board  consisting  of  three  persons,  to  be  known  as  tax 
commissioners,  by  the  Board  of  Supervisors,  for  three  years, 
who  are  to  be  required  to  keep  an  office  in  the  City  Hall, 
and  who,  in  addition  to  their  special  duties,  are  required  to 
collect  all  the  information  possible,  as  to  assessable  prop- 
erty^, and  to  preserve  all  maps,  records  and  papers,  which 
may  be  necessary  or  useful  in  its  discovery.  To  these  offi- 
cers it  is  proposed  also  to  transfer  the  duties  now  performed 
by  the  Board  of  Assessors,  in  revising  and  correcting  the 
assessment  rolls,  as  well  as  in  receiving  proof  in  respect  to 
the  reduction  of  taxes. 

The  advantages  of  this  change  seem  to  your  memorial- 
ists to  be  obvious.  It  can  hardly  be  doubted,  even  amid 
the  fluctuations  of  politics,  that  the  Board  of  Supervisors, 
composed  of  whatever  party,  will  select  as  tax  commis- 
sioners, men  thoroughly  conversant  with  the  nature  of  the 
duties  they  will  be  called  upon  to  discharge. 

Their  office,  in  addition  to  being  convenient  and  acces- 
sible, will  become  the  centre  of  most  valuable  information, 
to  the  assessors  as  well  as  to  the  citizens,  upon  every  sub- 
ject connected  with  taxation.  Add  to  this,  (what  is  not  the 
least  desirable  change,)  it  will  enable  those  who  may  avail 
themselves  of  their  right  to  reduce  their  taxes,  instead  of 
travelling  about  the  city  in  search  of  the  ward  assessors, 


29 


to  present  their  grievances  to  a body  regularly  organized, 
and  at  all  times  ready  to  receive  their  complaints. 

As  a whole,  therefore,  your  memorialists  confidently 
present  this  portion  of  the  accompanying  act  to  the  most 
favorable  consideration  of  the  legislature. 

The  eighth  title  relates  to  the  powers  and  duties  of  the 
Board  of  Supervisors  in  respect  to  the  equalization  and 
correction  of  taxes,  and  is  contained  in  sections  85  to  90, 
both  inclusive. 

The  subject  of  this  title  has  been  somewhat  anticipated 
in  what  has  been  said  upon  the  last.  It  only  remains  to 
add,  that  the  powers  and  duties  of  the  Board  of  Supervi- 
sors, in  this  respect,  are  retained  substantially  as  they  now 
exist. 

The  ninth  title  embodies  general  provisions  and  defini- 
tions applicable  to  the  whole  act,  and  is  contained  in  sec- 
tions 91  to  104,  both  inclusive. 

The  only  provisions  in  this  title  to  which  it  is  necessary 
specially  to  advert,  are  those  which  are  designed  to  obviate 
the  injustice  already  referred  to,  of  allowing  persons  who 
may  not  be  discovered  during  the  brief  period  assigned  to 
the  assessors  for  making  their  assessments,  to  escape  en- 
tirely from  taxation.  It  is  provided  by  section  91,  that  if 
at  any  time  after  the  assessors  have  completed  their  assess- 
ment rolls,  and  within  the  same  year,  they  discover  that 
any  person,  corporation,  company  or  association,  liable  to 
taxation  as  provided  by  this  act,  has  not  been  assessed,  they 


30 


must  proceed  to  assess  the  same  in  the  same  manner  as 
they  are  required  to  do  by  this  act  within  the  time  limited 
thereby  : and  by  section  92,  that  the  assessment  so  made 
must  be  forthwith  certified  by  the  assessors  and  deliver- 
ed to  the  tax  commissioners,  who  must  proceed  in  res- 
pect thereto,  in  the  same  manner  as  if  it  had  been  embraced 
in  the  original  assessment  roll,  and  must  in  like  manner 
return  it  to  the  Board  of  Supervisors,  by  whom  it  must  be 
delivered  to  the  Receiver  of  Taxes,  for  collection  in  the 
same  manner  as  the  original  assessment  roll. 


The  other  provisions  of  this  title  need  no  other  explana- 
tian  than  such  as  will  be  found  in  the  provisions  them- 
selves. 

From  this  review,  which  has  been  made  as  briefly  as 
possible,  of  the  principles  of  the  accompanying  act — of  the 
evils  resulting  from  the  present  system  of  taxation  in  the 
city  of  New  York, — and  of  the  remedy  which,  after  full 
consideration,  is  deemed  alone  adequate  to  their  correction, 
your  memorialists  confidently  appeal  to  the  legislature  for 
the  interposition  of  its  power.  In  presenting  to  the  legis- 
lature this  claim  upon  its  justice,  your  memorialists  have 
not  forgotten  that  adverse  interests  may  be,  as  they  have 
heretofore  been,  enlisted  in  hostility  to  the  measure.  They 
have  not  intended  to  do  injustice  to  the  rights  of  other 
portions  of  the  state,  and  they  are  not  unwilling  that  the 
same  measure  of  justice  which  they  ask  for  themselves, 
should  be  meted  out  to  others.  Their  complaint  is,  that 
they  are  compelled  to  support  a municipal  government, 
the  burdens  of  which  fall  very  unequally  upon  those  for 


31 


whose  good  it  is  established  and  who  are  reaping  the  ben- 
efit of  its  protection  ; and  they  feel  no  hesitation  in  submit- 
ting both  the  complaint  and  the  proposed  remedy,  to  the 
wisdom  and  justice  of  the  legislature. 

And  your  memorialists  will  ever  pray,  &c. 

C.  S.  WOODHULL, 

Mayor  and  Chairman  of  Board  of  Supervisors. 

D.  T.  VALENTINE, 

Clerk  Board  of  Supervisors . 

JAMES  KELLY, 

C.  S.  WOODHULL, 

F.  A.  TALLMADGE, 

JAMES  E.  WOOD, 

JAMES  M.  BARD, 


Special 
Committee . 


A N A CT 


TO  REVISE  AND  AMEND  THE  EXISTING  LAWS  RELATIVE  TO 
THE  ASSESSMENT  OF  TAXES  IN  THE  CITY  OF  NEW  YORK, 
AND  TO  REDUCE  THEM  INTO  ONE  ACT. 


The  people  of  the  State  of  New  York , represented  in 
Senate  and  Assembly , do  enact  as  follows  : 

Title  I. — Of  property  liable  to  Taxation  in 

THE  CITY  OF  New  YORK. 

II. — Of  the  Assessors,  and  their  general 

POWERS  AND  DUTIES. 

III.  — Of  the  Assessment  of  Taxes  upon 

INDIVIDUALS. 

IV.  — Of  the  Assessment  of  Taxes  on  cor- 

porations, AND  THE  COMMUTATION  OR 
COLLECTION  THEREOF. 

V.  — Of  the  Assessment  of  Taxes  upon 

MUTUAL  INSURANCE  OR  TRUST  COMPANIES 

OR  ASSOCIATIONS. 

5 


34 


Title  VI. — Of  the  Assessment  of  Taxes  upon 

FOREIGN  CORPORATIONS,  COMPANIES  OR 
ASSOCIATIONS. 

VII.— Of  the  Tax  Commissioners,  and 

THEIR  POWERS  AND  DUTIES. 

VIII. — Of  the  powers  and  duties  of  the 
Board  of  Supervisors,  in  respect  to 

THE  EQUALIZATION  AND  CORRECTION  OF 
TAXES. 

IX. — General  provisions  and  definitions. 


TITLE  I. 


OF  PROPERTY  LIABLE  TO  TAXATION  IN  THE  CITY 
OF  NEW  YORK. 

§ 1.  The  following  property  is  liable  to  assess- 
ment for  taxes,  imposed  or  authorized  by  law  to 
be  collected  in  the  city  of  New  York  : 

1.  Real  property  in  that  city  : 

2.  Personal  property  belonging  to  the  inhabi- 
tants thereof,  aud  taxable  as  provided  in  section  3 : 

3.  Personal  property  belonging  to  those  trans- 
acting their  ordinary  business  therein,  or  interest- 
ed in  such  business,  though  not  inhabitants  of  that 
city,  and  which  is  taxable  as  provided  in  section  4: 

4.  The  stock  cr  personal  property  of  corpora- 
tions, companies  and  associations,  created  or  form- 
ed under  the  authority  of  this  state,  or  of  any 
other  state,  territory,  government  or  country,  as 
provided  in  titles  4,  5 and  6. 


36 


§ 2.  The  assessment  for  real  property  must  be 
made  in  the  ward  in  which  it  is  situated,  whether 
the  owner  reside  therein  or  not,  and  may  be  so  as- 
sessed in  the  name  of  the  owner  or  occupant;  or 
if  it  be  unoccupied,  and  the  name  of  the  owner  be 
not  known,  it  may  be  assessed  to  an  unknown 
owner. 


§ 3.  Every  person  residing  in  the  city  of  New 
York,  must  be  assessed  in  the  ward  where  he  re- 
sides ; 

1.  For  all  personal  property  owned  by  him,  in- 
cluding all  personal  property  in  his  possession  or 
under  his  control  as  trustee,  guardian  or  adminis- 
trator ; and  in  no  case  can  personal  property,  held 
under  either  of  those  trusts,  be  assessed  against 
any  other  person  : 

2.  For  all  personal  property  in  his  possession  or 
under  his  control,  as  factor,  agent  or  commission 
merchant,  except  where  it  belongs  to  a resident 
of  any  other  part  of  this  state,  and  is  sent  to  the 
city  of  New  York  to  him  as  a factor,  agent  or 
commission  merchant,  to  be  sold  on  commission, 
or  otherwise,  for  the  benefit  of  the  owner. 


37 


§ 4.  A person,  though  not  an  inhabitant  of  the 
city  of  New  York,  may  be  assessed  in  that  city, 
and  not  elsewhere,  in  the  same  manner  as  if  he 
resided  therein ; 

1.  Upon  all  personal  property  used  or  applied 
by  him  in  the  city  of  New  York,  in  the  transact 
tion  of  his  ordinary  business,  or  in  any  manner 
connected  therewith,  or  invested  by  him  in  trade 
in  that  city,  either  as  a general  or  special  partner, 
or  otherwise  : 

2 . Upon  all  personal  property  in  his  possession 
or  under  his  control  in  that  city,  as  factor,  agent 
or  commission  merchant,  except  where  it  belongs 
to  a resident  of  any  other  part  of  this  state,  and  is 
sent  to  the  city  of  New  York  to  him  as  a factor, 
agent  or  commission  merchant,  to  be  sold  on 
commission  or  otherwise  for  the  benefit  of  the 
owner : and, 

3.  Upon  all  his  other  personal  property  in  that 
city,  which  is  taxable  by  law. 

This  section  however,  does  not  affect  his  lia- 
bility to  taxation  in  the  county  in  which  he  re- 
sides, as  now  prescribed  by  law,  in  respect  to  any 
other  property  owned  or  possessed  by  him. 


38 


§ 5.  The  assessment  authorised  by  the  last  sec- 
tion, must  be  made  in  the  ward  in  which  the  per- 
son liable  to  taxation  transacts  his  business,  or  in 
which  the  property,  out  of  which  the  assessment 
arises,  is  situated. 

§ 6.  If  a person,  liable  to  taxation  in  respect  to 
personal  property,  as  provided  in  section  4,  be 
assessed  thereon,  in  a town  or  ward  in  any  other 
county  or  city,  he  must,  upon  making  an  affidavit 
before  the  assessors  thereof,  before  the  completion 
of  their  assessments,  that  he  has  been  so  assessed 
in  the  city  of  New  York,  be  exempted  from  tax- 
ation in  such  other  town  or  ward,  upon  the  pro- 
perty so  assessed. 

§ 7.  The  following  property  is  exempt  from 
taxation  : 

1.  Real  or  personal  property  exempted  from 
taxation,  by  the  constitution  of  this  state,  or  of  the 
United  States. 

2.  Lands  belonging  to  this  state  or  to  the  United 
States : 


39 


3.  Every  building  erected  for  the  use  of  a col- 
lege, incorporated  academy  or  other  seminary  of 
learning;  every  building  for  public  worship  ; every 
school-house,  court-house  and  jail ; and  the  lots  on 
which  such  buildings  are  situated,  and  the  furniture 
belonging  to  each  of  them ; but  the  exemption 
from  taxation,  of  a building  for  public  worship,  or 
a school,  does  not  extend  or  apply  to  any  such 
building  or  premises,  unless  the  same  is  exclusive- 
ly used  for  such  purposes,  and  exclusively  the 
property  of  a religious  society,  or  of  one  of  the 
public  schools  established  pursuant  to  law : 

4.  Every  poor-house,  alms-house,  house  of  in- 
dustry, and  every  house  belonging  to  a company, 
incorporated  for  the  reformation  of  offenders,  and 
the  real  and  personal  property  belonging  thereto, 
or  connected  therewith : 

5.  The  real  and  personal  property  of  every  pub- 
lic library : 

6.  Stocks  owned  by  the  state,  or  by  literary  or 
charitable  institutions : 

7.  The  personal  property  of  every  corporation 
not  made  liable  to  taxation  on  its  capital,  by  this 
act : 


40 


8.  The  personal  property  of  every  minister  of 
the  gospel  or  priest  of  any  denomination,  and  his 
real  property  when  occupied  by  him ; but  if  his 
real  and  personal  property,  or  either  of  them  ex- 
ceed the  value  of  one  thousand  five  hundred  dol- 
lars, that  sum  must  be  deducted  from  the  valua- 
tion of  his  property,  and  the  residue  is  liable  to 
taxation : 

9.  Property  exempted  by  law  from  execution. 

§ 8.  Lands  sold  by  the  state,  though  not  grant- 
ed and  conveyed,  are  liable  to  taxation,  in  the 
same  manner  as  if  actually  conveyed. 

§ 9.  The  owner  or  holder  of  stock  in  a corpora- 
tion company  or  association,  liable  to  taxation 
shall  not  be  taxed  as  an  individual  for  such  stock. 


41 


TITLE  II. 

OF  THE  ASSESSORS,  AND  THEIR  GENERAL  POWERS 
AND  DUTIES. 

§ 10.  There  shall  continue  to  be  two  assessors 
for  each  ward  in  the  city  of  New  York,  to  be 
elected  by  the  electors  of  the  ward  in  the  manner 
now  prescribed  by  law,  except  as  otherwise  pro- 
vided in  this  title,  and  whose  compensation  shall 
be  determined,  from  time  to  time,  by  the  supervi- 
sors of  the  city  and  county  of  New  York. 

§11.  The  assessors  to  be  elected  at  the  next 
election,  must  be  classified  by  lot,  to  be  drawn  by 
the  clerk  of  the  Common  Council,  in  the  presence 
of  the  Board  of  Aldermen,  immediately  after  the 
completion  of  the  canvass  of  votes  given  at  that 
election.  The  classes  must  be  numbered  “ one” 
and  “ two,”  for  each  ward.  The  assessor  of  the 
first  class  shall  hold  his  office  for  one  year,  and 
the  assessor  of  the  second  class  for  two  years,  from 

the  first  day  of  January,  1851. 

6 


42 


§ 12.  A certificate  of  the  drawing  and  classifica- 
tion must  be  signed  by  the  President  of  the  Board 
of  Aldermen,  and  the  Clerk  of  the  Common  Coun- 
cil, and  filed  and  recorded  in  the  office  of  the 
County  Clerk. 

§ 13.  At  each  succeeding  annual  election,  one 
assessor  must  be  elected  for  each  ward,  who  shall 
hold  his  office  for  two  years  from  the  first  day  of 
January  thereafter. 

§ 14.  If  a vacancy  occur  in  the  office  of  assessor, 
it  must  be  filled  by  the  Board  of  Supervisors,  and 
the  person  appointed  by  them  shall  hold  his  office 
until  the  vacancy  be  filled  at  the  next  annual 
election,  unless  the  term  of  office  of  the  person, 
in  respect  to  whom  the  vacancy  occurs,  would  ex- 
pire on  the  first  day  of  January  then  next,  in 
which  case  the  person  appointed  shall  hold  his 
office  until  that  time. 

§ 15.  If,  at  the  election  mentioned  in  the  last 
section,  it  be  necessary  to  elect  a person  to  supply 
a vacancy  in  the  office  of  assessor,  the  ballot  must 
specify  the  term  for  which  each  of  the  assessors 


43 


voted  for,  is  to  be  elected  ; and  the  person  elect- 
ed to  fill  a vacancy  shall  enter  upon  his  office  on 
the  first  day  of  January  thereafter,  and  hold  it  for 
one  year. 

§ 16.  The  assessors  must,  within  ten  days  after 
the  first  day  of  January  in  each  year,  proceed  to 
ascertain  hy  diligent  inquiry,  the  names  of  all  the 
persons,  corporations,  companies  and  associations, 
taxable  in  their  respective  wards,  and  all  the  taxa- 
ble property,  real  or  personal,  therein,  and  must 
complete  their  assessments  on  or  before  the 
fifteenth  day  of  April  thereafter. 

§ 17.  If  an  assessor  neglect  or  from  any  cause 
omit  to  perform  his  duties,  the  other  assessor  of 
the  ward,  must  perform  such  duties,  and  must  cer- 
tify to  the  tax  commissioners,  with  the  assessment 
roll,  the  name  of  the  delinquent  assessor,  stating 
therein  the  cause  of  his  delinquency. 

§ 18.  The  assessors,  before  they  assess  the  pro- 
perty in  their  respective  wards,  must  meet  together 
in  the  City  Hall  of  the  city  of  New  York,  at  eleven 
o’clock  in  the  forenoon,  on  the  first  Tuesday  after 


44 


being  sworn  into  office,  and  appoint  from  among 
themselves,  a president  and  secretary,  and  organ- 
ise themselves  into  a board  for  the  transaction  of 
business,  to  be  called  the  board  of  assessors. 

§ 19.  The  board  of  assessors  may  meet  again  at 
such  time  and  place,  and  from  time  to  time,  as 
they  may  think  fit;  and  the  secretary  thereof  must 
keep  a regular  book  of  minutes  of  all  the  proceed- 
ings of  the  board. 

§ 20.  The  board  of  assessors,  either  at  their  first, 
or  any  subsequent  meeting,  before  the  members 
thereof  proceed  to  assess  property  in  their  respec- 
tive wards,  may  adopt  such  rules  or  by-laws  as 
may,  in  their  opinion,  be  best  calculated  to  pro- 
duce equality  and  uniformity  in  the  different  valu- 
ations of  property  and  assessments  in  the  several 
wards. 

§ 21.  The  board  of  assessors  can  exercise  no 
other  powers  than  those  conferred  by  the  last  sec- 
tion; and  upon  their  final  adjournment,  must  cause 
their  minutes  to  be  filed  with  the  tax  commis- 


sioners. 


45 


TITLE  III. 

OF  THE  ASSESSMENT  OF  TAXES  UPON  INDIVIDUALS. 

§ 22.  To  enable  the  assessors  to  make  their  as- 
sessments upon  the  personal  property  of  individu- 
als, they  must,  on  or  before  the  first  day  of  Feb- 
ruary in  each  year,  furnish  to  every  person  within 
their  respective  wards,  whom  they  may  suppose  to 
be  taxable  therein  for  personal  property,  accord- 
ing to  this  act,  either  personally,  or  by  leaving  it 
with  a person  of  suitable  age  and  discretion  at  his 
residence,  or  if  he  be  a non-resident,  at  his  place 
of  business,  a statement  in  substantially  the  fol- 
lowing form : 

“ statement  of  the  assessment  of  (inserting  the 
name,)  for  personal  property. 

1.  Name  of  the  party  in  full : 

2.  His  place  of  residence,  or  if  he 

be  a non-resident,  his  place  of 
business : 


46 


IF  HE  BE  A RESIDENT  OF  THE  CITY  OF  NEW  YORK, 

3.  Amount  of  his  personal  property 

not  exempted  from  taxation,  de- 
ducting his  just  debts  and  lia- 
bilities, and  his  property  invest- 
ed in  the  stock  of  corporations, 
companies  or  associations  liable 
to  taxation,  not  exceeding  $ 

4.  Amount  of  personal  property  held 

by  him  as  trustee,  guardian,  ex- 
ecutor or  administrator,  after 
deducting  his  just  debts  and 
liabilities  in  that  character,  and 
the  stock  held  by  him  in  that 

character  in  corporations,  com- 
panies or  associations  liable  to 
taxation,  not  exceeding  $ 

5.  Amount  of  personal  property 

held  by  him  as  agent,  factor  or 
commission  merchant,  stating 
in  what  capacity  particularly, 
and  the  place  of  residence  of 
the  person  for  whom  it  is  so 
held,  not  exceeding  $ 


47 


IF  HE  BE  A NON-RESIDENT  OF  THE  CITY  OF 
NEW  YORK, 

6.  The  amount  of  personal  property 
used  or  applied  by  him,  or  in  any 
way  connected  with  the  trans- 
action of  his  ordinary  mercan- 
tile or  other  business  in  that 
city,  or  invested  by  him  in  trade 
therein,  either  as  a general  or 
special  partner  or  otherwise,  or 
held  by  him  as  a factor  or  upon 
commission,  except  personal 
property  belonging  to  a citizen 
of  any  other  part  of  this  state, 
and  sent  to  him  as  factor  or 
agent  to  be  sold  on  commission 
or  otherwise  for  the  benefit  of 
the  owner,  and  of  all  his  other 
personal  property  which  is  tax- 
able by  law,  except  his  house- 
hold furniture  or  other  property 
held  by  him  at  the  place  of  his 
residence,  not  exceeding  $ 


48 


OATH. 

I,  do  solemnly  swear,  (or  affirm,) 

*hat  the  foregoing  statement  is,  in  all  respects, 
just  and  true,  and  that  the  property  therein  men- 
tioned does  not  exceed  in  value  the  amount  set 
opposite  thereto,  after  making  the  deductions 
therein  mentioned. 

Sworn  before  me,  the  ) 

day  of  18  $ 

NOTICE. 

This  statement  must  be  tilled  up  opposite  each 
of  the  divisions  thereof,  according  to  the  fact,  and 
must  be  sworn  to  before  one  of  the  assessors,  or 
before  an  officer  authorized  to  administer  oaths, 
and  must  be  returned  on  or  before  the 
day  of  18  , between  the  hours  of  10, 

a.  m.  and  4,  p.  m.,  to  the  undersigned,  at  No. 
street,  in  the  city  of  New  York. 

) Assessors 
) Ward.” 

§ 23.  Every  person  to  whom  the  statement, 
mentioned  in  the  last  section,  is  furnished,  must 


49 


return  it  to  the  assessors  of  the  ward,  at  or  be- 
fore the  time  mentioned  in  the  notice  appended 
thereto,  which  must  be  at  least  ten  days  after  the 
service,  filled  up  according  to  the  fact,  and  duly 
sworn  to  by  him  before  the  assessors,  or  one  of 
them,  or  before  an  officer  in  the  city  of  New  York, 
authorized  to  take  affidavits. 

§ 24.  In  order  the  more  fully  to  enable  the  as- 
sessors to  perform  the  duties  imposed  upon  them 
by  this  act,  they  shall  be  entitled  to  demand  in- 
formation relative  to  the  several  matters  contain- 
ed therein,  of  any  person  being  the  head  of  a 
family,  or  a member  thereof,  or  the  owner,  pro- 
prietor, occupant,  clerk,  servant,  or  person  in 
charge  of  any  dwelling-house,  boarding-house, 
hotel,  tavern,  store,  or  tenement  in  that  city, 
above  the  age  of  twenty-one  years ; and  any  and 
every  such  person,  who  shall  refuse  to  give  to  any 
assessor  the  information  demanded  by  him  re- 
lative to  any  such  matters,  or  who  shall  wilfully 
give  false  information  to  such  assessor  concerning 
the  same,  shall  forfeit  and  pay  a penalty  of  one 

hundred  dollars  to  the  Corporation  of  the  city  of 
7 


50 


New  York,  to  be  sued  for  and  recovered  by  it, 
with  costs  of  suit,  in  any  court  having  cognizance 
thereof. 

§ 25.  The  statement  required  by  this  title, 
when  sworn  to  and  returned  by  the  party  named 
therein,  is  conclusive  upon  the  assessors,  as  well 
as  upon  the  party,  as  to  the  value  of  his  personal 
property  liable  to  taxation. 

§ 26.  If  a person  to  whom  the  statement,  men- 
tioned in  section  22,  is  furnished,  neglect  or  re- 
fuse to  return  it  as  prescribed  in  section  23,  the  as- 
sessors must,  within  the  time  prescribed  in  section 
16,  for  the  completion  of  the  assessment  roll,  as- 
sess the  person  to  whom  the  statement  was  fur- 
nished, for  personal  property,  to  an  amount  equal 
in  their  judgment,  to  double  its  value  ; which  as- 
sessment is  conclusive,  unless  reduced  by  the  tax 
commissioners,  before  the  final  completion  of  the 
assessment  rolls,  as  provided  in  sections  80  and  81. 

§ 27.  At  the  expiration  of  the  time  fixed  for  the 
return  of  the  statement  to  the  assessors,  they  must 
proceed  to  prepare  an  assessment  roll  for  their  se- 


51 


veral  wards,  in  which  they  must  set  down  in  four 
separate  columns,  the  assessment  of  the  persons 
liable  thereto  for  personal  property  in  their  seve- 
ral wards,  as  follows : 

1.  In  the  first  column,  the  names  of  all  the 
taxable  inhabitants  in  the  ward  : 

2.  In  the  second  column, the  quantity  of  land  to 
he  taxed  to  each  person  : 

3.  In  the  third  column,  the  full  value  of  such 
land,  according  to  the  definition  of  the  term 
“ land,”  as  given  in  this  act. 

4.  In  the  fourth  column,  the  full  value  of  all 
personal  property  taxable,  owned  by  such  person, 
after  deducting  the  just  debts  owing  by  him. 

§ 28.  If  a person  liable  to  assessment  upon  per- 
sonal property,  according  to  this  title,  shall,  in  the 
statement  required  to  be  furnished  by  him  to  the 
assessors,  or  at  any  time  thereafter  and  before  the 
completion  of  the  assessment,  make  affidavit  be- 
fore the  assessors  that  the  property,  or  any  part 
thereof,  specifying  what  part,  and  its  value,  is  pos- 
sessed by  him  as  agent,  factor  or  commission  mer- 


52 


chant,  lor  the  owner,  and  that  the  owner  resides 
in  the  city,  the  assessors  cannot  include  it  in  the 
assessment  against  such  person,  but  must  assess  it 
against  the  owner.  But,  if  the  affidavit  be  not 
made,  or  the  owner  reside  out  of  (he  city,  the 
possessor  of  the  property  must  be  assessed  there- 
for, and  may,  in  payment  of  the  amount  assessed, 
retain  out  of  the  proceeds  of  the  property,  or 
claim  against  the  owner  by  way  of  lien,  the 
amount  paid  by  him,  with  lawful  interest  from  the 
time  of  payment. 

§ 29.  If  a person  whose  real  property  is  liable 
to  taxation,  prove  before  the  tax  commissioners, 
at  any  time  before  the  completion  of  the  assess- 
ment, by  the  testimony  of  a disinterested  person, 
that  the  value  of  his  real  property  assessed,  does 
not  exceed  a certain  sum,  less  than  that  mentioned 
in  the  assessment,  the  tax  commissioners  must 
value  the  property  at  the  sum  so  proved,  and  no 
more ; and  no  other  evidence  can  be  received  for 
that  purpose. 

§ 30.  If  a person,  liable  for  assessment  for  per- 
sonal property,  and  who  is  assessed  therefor  upon 


53 


his  omission  to  furnish  a statement  to  the  assessors, 
according  to  the  provisions  of  section  26,  at  any 
time  before  the  completion  of  the  assessment, 
make  affidavit  before  the  tax  commissioners,  that 
the  value  of  his  personal  property,  after  deducting 
his  just  debts  and  liabilities,  and  his  property  in- 
vested in  the  stock  of  a corporation,  company  or 
association,  liable  to  taxation,  does  not  exceed  a 
specified  sum,  the  tax  commissioners  must  value  it 
at  the  sum  so  specified,  and  no  more. 

§ 31.  When  a person  is  assessed  as  a trustee, 
guardian,  executor  or  administrator,  he  must  he 
assessed  with  the  addition  of  his  representative 
character,  for  the  value  of  the  real  property  held 
by  him  in  that  character,  at  its  full  value,  and  for 
the  personal  property  so  held  by  him,  deducting 
therefrom  his  just  debts  and  liabilities  in  that 
character. 

§ 32.  If  a trustee,  guardian,  executor  or  admin- 
istrator, assessed  for  real  or  personal  property, 
upon  his  omission  to  furnish  a statement  according 
to  section  26,  at  any  time  before  the  completion  of 
the  assessment,  show  by  affidavit  to  the  tax  com 


54 


missioners  the  value  of  the  property  possessed  by 
him  or  under  his  control  by  virtue  of  his  trust, 
after  deducting  his  just  debts  and  liabilities  in 
that  character,  and  the  stock  held  by  him  in  a 
corporation,  company  or  association,  liable  to  taxa- 
tion the  tax  commissioners  must  value  the  pro- 
perty at  the  sum  specified  in  the  affidavit. 

§ 33.  Real  property,  liable  to  taxation,  must  be 
estimated  at  its  full  value,  as  it  would  be  appraised 
in  payment  of  a just  debt  from  a solvent  debtor. 

§ 34.  The  real  property  of  a non-resident  must 
be  designated  in  the  assessment  roll,  in  a part  sep- 
arate from  the  other  assessments,  as  prescribed  in 
the  next  two  sections. 

§ 35.  If  the  real  property  be  divided  into  lots, 
the  assessors  must  proceed  as  follows : 

1.  They  must  designate  it  by  its  name,  or  if  it 
be  not  so  distinguished  or  the  name  be  unknown, 
must  designate  by  what  other  property  it  is 
bounded : 

2.  If  they  can  obtain  correct  information  of  its 
division,  they  must  set  down  in  the  first  column 


55 


of  the  assessment  roll,  every  unoccupied  lot  in  their 
ward  owned  by  a non-resident,  by  its  number,  be- 
ginning at  the  lowest  and  proceeding  to  the  highest : 

3.  They  must  set  down  in  a second  column, 
opposite  the  number  of  each  lot,  the  quantity 
therein  liable  to  taxation : 

4.  They  must  set  down  in  a third  column,  the 
valuation,  opposite  to  the  quantity : 

5.  If  the  quantity  be  a full  lot,  it  must  be  desig- 
nated by  the  number ; if  part  of  a lot,  by  bounda- 
ries, or  in  some  other  manner  by  which  it  may  be 
known. 

§ 36.  If  the  real  property  be  a tract  not  divided, 
or  its  sub-divisions  cannot  be  ascertained,  the  as- 
sessors must  proceed  as  follows  : 

1.  They  must  enter  in  the  assessment  roll,  the 
name  or  boundaries  of  the  property,  as  divided  in 
the  last  section,  and  must  certify  that  the  tract  is 
not  divided,  or  that  they  cannot  obtain  correct  in- 
formation of  the  divisions,  as  the  case  may  be : 

2.  They  must  state  in  the  proper  column,  the 


56 


quantity  and  valuation,  as  directed  in  the  last  sec- 
tion : 

3.  If  the  quantity  to  he  assessed  be  the  whole 
tract,  a description  by  its  name  or  boundaries  is 
sufficient ; but  if  a part  only  be  liable  to  taxation, 
that  part,  or  the  part  excepted  must  be  particu- 
larly described: 

4.  If  a part  of  the  tract  be  occupied  by  a resi- 
dent of  the  ward,  the  assessors  must  except  it 
from  the  assessment  of  the  whole  tract,  and  must 
assess  it  to  the  occupant. 

§ 37.  Within  ten  days  after  the  completion  of 
the  assessment  rolls,  the  assessors  must  furnish  a 
copy  thereof  to  the  tax  commissioners. 


57 


TITLE  IV. 

OF  THE  ASSESSMENT  OF  TAXES  ON  CORPORATIONS, 
AND  THE  COMMUTATION  OR  COLLECTION  THEREOF. 

§ 38.  The  real  property  of  a corporation  liable 
to  taxation  in  the  city  of  New  York,  must  be  as- 
sessed in  the  ward  in  which  it  is  situated,  in  the 
same  manner  as  the  real  estate  of  individuals. 

§ 39.  The  personal  property  of  a corporation 
liable  to  taxation  on  its  capital  in  the  city  of  New 
York,  must  be  assessed  in  the  ward  where  its 
principal  office,  or  the  place  for  transacting  its 
financial  concerns,  or  its  agency,  may  be,  or  if 
there  be  no  such  office,  place  or  agency,  then  in 
the  ward  where  its  operations  are  carried  on. 

§ 40.  Every  monied  or  stock  corporation,  creat- 
ed by  or  under  the  authority  of  this  state, 
and  deriving  an  income  or  profit  from  its 
capital  or  otherwise,  and  whose  principal  office  or 
place  of  business  is  situated  in  the  city  of  New 
York,  is  liable  to  taxation  on  its  capital  in  the 

manner  prescribed  in  this  title. 

8 


58 


§ 41.  The  president,  cashier,  secretary,  trea- 
surer or  other  proper  officer,  of  every  such  corpo- 
ration, must,  on  or  before  the  first  day  of  Febru- 
ary in  each  year,  make  and  deliver  to  the  assessors 
of  the  ward,  in  which  it  is  liable  to  be  taxed,  ac- 
cording to  sections  38  and  39,  a written  state- 
ment, specifying, 

1.  The  real  estate,  if  any,  owned  by  the  cor- 
poration, the  ward  in  which  it  is  situated,  and  the 
sums  actually  paid  therefor : 

2.  Its  capital  stock  actually  paid  in  and  secured 
to  be  paid  in,  excepting  therefrom  the  sums  paid 
for  real  property,  and  the  amount  of  its  capital 
stock  held  by  the  state,  and  by  any  incorporated 
literary  or  charitable  institution ; and, 

3.  The  ward  in  which  the  principal  office  or 
place  of  transacting  the  financial  business  of  the 
corporation  is  situated ; or  if  there  be  no  princi- 
pal office,  the  ward  in  which  its  operations  are 
carried  on,  or  in  which  it  is  liable  to  be  taxed, 
according  to  sections  38  and  39. 

§ 42.  If  the  statement  required  by  the  last 
section  be  not  furnished  by  a corporation  to  the 


59 


assessors  within  thirty  days  after  the  time  therein 
provided,  the  corporation  neglecting  to  furnish  it, 
shall  forfeit  to  the  corporation  of  the  city  of  New 
York,  for  each  statement  omitted  to  be  furnished, 
the  sum  of  two  hundred  and  fifty  dollars ; and  it 
is  the  duty  of  the  Comptroller  of  the  city  of  New 
York  to  furnish  the  counsel  to  the  corporation  with 
an  account  of  all  corporations  that  shall  neglect  to 
furnish  such  statements,  that  he  may  prosecute  for 
the  penalty  imposed  by  this  section. 

§ 43.  If  a corporation,  prosecuted  for  such  pen- 
alty, pay  the  costs  of  prosecution  and  furnish  the 
statement  required,  the  Comptroller  of  the  city, 
if  he  be  satisfied  that  the  omission  was  not  wilful, 
may,  in  his  discretion,  discontinue  such  suit. 

§ 44.  The  assessors  must  enter  all  corporations 
from  which  such  statements  have  been  received 
by  them,  and  their  property,  and  the  property  of 
all  other  corporations,  liable  to  taxation  in  their 
respective  wards,  in  their  assessment  rolls  in  the 
following  manner: 

1.  They  must  insert  in  the  first  column,  the 
name  of  each  corporation  in  their  respective  wards. 


60 


liable  to  taxation  on  its  capital  or  otherwise ; and 
under  its  name,  they  must  specify  the  amount  of 
its  capital  stock  paid  in,  and  secured  to  be  paid 
in;  the  amount  paid  by  the  corporation  for  real 
property,  then  belonging  to  it,  wherever  it  may 
be  situated ; and  the  amount  of  its  stock,  if  any, 
belonging  to  the  state,  and  to  incorporated  literary 
and  charitable  institutions : 

2.  In  the  second  column,  they  must  enter  the 
quantity  of  real  property,  owned  by  the  corpora- 
tion and  situated  in  their  ward;  and  in  the  third 
column,  its  actual  value,  estimated  as  in  other 
cases : 

3.  In  the  fourth  column,  they  must  enter  the 
capital  stock  of  every  corporation,  except  manu- 
facturing and  turnpike  corporation  and  marine  in- 
surance companies,  paid  in  and  secured  to  be  paid 
in,  after  deducting  the  sums  paid  out  for  all  its 
real  property,  wherever  it  may  be  situated,  and 
then  belonging  to  it,  and  the  amount  of  stock,  if 
any,  belonging  to  the  people  of  this  state,  and  to 
incorporated  literary  and  charitable  institutions. 

§ 45.  The  assessors  must  insert  in  the  third 
column  mentioned  in  the  last  section,  the  cash 


61 


value  of  the  stock  of  all  manufacturing  corporations, 
(to  be  ascertained  by  the  assessors,  by  the  sales  of 
the  stock,  or  in  any  other  manner,)  deducting 
therefrom  the  items  mentioned  in  the  last  section ; 
which  value,  thus  ascertained,  together  with  the 
value  of  the  real  property  of  such  corporations, 
constitutes  the  amount  on  which  the  tax  of  such 
corporations  shall  be  assessed. 

§ 46.  If  a corporation  neglect  or  omit  to  furnish 
a statement  within  the  time  and  in  the  manner 
prescribed  in  section  41,  the  assessors  must  pro- 
ceed to  estimate,  according  to  the  best  information 
which  they  are  able  to  obtain,  the  capital  stock 
of  the  corporation,  paid  in  or  secured  to  be  paid  in, 
and  must  assess  the  corporation  therefor ; which 
assessment  is  final  and  conclusive. 

§ 47.  The  provisions  of  section  29  apply  to  the 
corporations  mentioned  in  the  three  last  sections, 
and  the  president,  secretary,  or  other  proper  officer 
may  make  the  affidavit  required  by  that  section. 

§ 48.  If  the  president,  or  other  proper  officer  of 
a corporation  named  in  the  assessment  roll,  show 


62 


to  the  satisfaction  of  the  tax  commissioners,  within 
the  time  mentioned  in  sections  80  and  81,  by  his 
affidavit  to  be  filed  with  them,  that  the  corporation 
is  not  in  the  receipt  of  any  profits  or  income,  the 
name  of  the  corporation  must  be  stricken  out  of 
the  assessment  roll,  and  no  tax  can  be  imposed 
upon  it.  And  the  assessment  of  every  corporation 
mentioned  in  this  title,  authorized  to  make  divi- 
dends on  its  capital,  from  which  no  such  affidavit 
is  received,  is  conclusive  evidence  that  it  was  lia- 
ble to  taxation  and  was  duly  assessed. 

§ 49.  The  capital  stock  of  every  corporation 
liable  to  taxation,  as  provided  in  this  title,  except 
such  part  of  it  as  is  excepted  in  the  assessment 
roll  and  by  this  title,  must  be  assessed  and  taxed 
in  the  same  manner  as  the  other  real  and  personal 
property  in  the  city,  unless  the  corporation  be  en- 
titled to  commute  under  the  next  section  and  elect 
so  to  do ; in  which  case  no  tax  can  be  imposed  on 
its  property. 

§ 50.  All  corporations  employed  wholly  or  prin- 
cipally in  manufacturing,  and  all  marine  insurance 
companies,  whose  net  annual  income  does  not  ex- 
ceed five  per  cent,  on  the  capital  stock  paid  in  and 


63 


secured  to  be  paid  in,  are  entitled  to  commute  for 
their  taxes,  by  paying  directly  to  the  chamberlain 
of  the  city,  five  per  cent,  upon  their  net  income 
during  the  preceding  year. 

§ 51.  To  entitle  a corporation  to  the  exemption 
mentioned  in  the  last  section,  the  president  and 
secretary,  or  any  two  officers  of  the  corporation, 
must  make  affidavit,  stating  the  capital  stock  paid 
in,  and  secured  to  be  paid  in,  together  with  the 
income  and  profits,  and  the  total  expenditures,  dur- 
ing the  preceding  year,  of  the  corporation ; which 
affidavit  must  be  delivered  to  the  assessors  of  the 
ward  at  the  time  of  making  their  assessments. 

§ 52.  The  president  or  other  proper  officer  of 
a corporation  electing  to  commute,  must  make 
affidavit  before  an  officer  authorised  to  take  affida- 
vits, stating  the  amount  of  its  net  income ; and  on 
filing  the  same  with  the  tax  commissioners,  within 
the  time  mentioned  in  sections  80  and  81,  accom- 
panied by  the  receipt  of  the  chamberlain,  ac- 
knowledging the  payment  of  the  proper  commuta- 
tion, the  tax  commissioners  can  impose  no  tax 
upon  the  property  of  the  corporation. 


64 


§ 53.  The  amount  of  taxes  assessed  on  all  cor- 
porations liable  to  taxation,  and  not  electing  to 
commute,  must  be  set  down  by  the  supervisors  in 
the  fifth  column  of  the  corrected  assessment  roll, 
and  shall  form  a part  of  the  moneys  to  be  collected. 


65 


TITLE  V. 

OF  THE  ASSESSMENT  OF  TAXES  UPON  MUTUAL  IN- 
SURANCE OR  TRUST  COMPANIES. 

§ 51.  A mutual  insurance  or  trust  company  or 
association,  formed  in  the  city  of  New  York,  un- 
der the  authority  of  this  state,  for  the  transaction 
of  business  therein,  is  liable  to  taxation  upon  the 
amount  of  its  securities,  whether  by  bond,  bill, 
note  or  otherwise,  and  upon  the  amount  of  its  ac- 
cumulations and  profits  remaining  undivided  and 
unpaid,  and  upon  all  its  other  personal  property, 
whether  owned  by  it  or  held  in  trust,  in  the  same 
manner  as  if  they  were  so  owned  or  held  by  an 
individual ; deducting  therefrom  its  ascertained 
losses,  its  just  debts  and  liabilities,  and  its  property 
invested  in  the  stock  of  corporations,  companies  or 
associations  liable  to  taxation. 

§ 55.  The  assessment  authorized  by  the  last 
section,  must  be  made  in  the  ward  in  which  the 
principal  office  or  place  of  business  of  the  company 
or  association  is  situated,  or  in  which  its  oper 

tions  are  carried  on. 

9 


66 


§ 56.  To  enable  the  assessors  to  make  the  as- 
sessments authorized  by  the  last  two  sections, 
they  must,  on  or  before  the  first  day  of  February 
in  each  year,  furnish  to  the  president,  secretary, 
treasurer  or  other  chief  officer  of  the  company  or 
association,  either  personally  or  by  leaving  it  with 
a person  of  suitable  age  and  discretion  at  the  prin- 
cipal office  or  place  of  business  of  the  company  or 
association,  a statement  in  substantially  the  fol- 
lowing form : 

“ STATEMENT  OF  THE  ASSESSMENT  OF  (naming  the 
company  or  association)  for  personal  property. 

1.  Name  of  the  company  or  associ- 

ation, in  full : 

2.  Its  principal  office  or  place  of  busi- 

ness : 

3.  Amount  of  its  securities,  whether 

by  bond,  bill,  note,  or  otherwise, 
of  its  accumulations,  and  of  its 
other  personal  property,  deduct- 
ing its  ascertained  losses,  its  just 
debts  and  liabilities,  and  its 
property  invested  in  the  stock 
of  corporations,  companies  or  as- 
sociations liable  to  taxation,  not  exceeding  $ 


67 


4.  Amount  of  personal  property  held 
by  it  in  trust,  after  deducting 
its  just  debts  and  liabilities  as 
such  trustee,  and  the  stock  held 
by  it  in  that  character  in  cor- 
porations, companies  or  corpora- 
tions liable  to  taxation,  not  exceeding  $ 

OATH. 

I,  , do  solemnly  swear,  ( or  affirm,) 

that  I am  the  president,  (or  as  the  case  may  he,) 
of  the  (naming  the  company  or  association,)  and 
that  the  foregoing  statement  is  in  all  respects 
just  and  true,  and  that  the  property  therein  men- 
tioned does  not  exceed  in  value  the  amount  set 
opposite  thereto,  after  making  the  deductions 
therein  mentioned. 

Sworn  before  me,  the  ) 
day  of  18  5 

NOTICE. 

This  statement  must  be  filled  up,  opposite  each 
of  the  divisions  thereof,  according  to  the  fact,  and 
must  be  sworn  to  before  one  of  the  assessors,  or 
before  an  officer  authorized  to  administer  oaths 
and  must  be  returned  on  or  before  the  day 


68 


of  18  ? between  the  hours  of  10,  a.  m.  and 

4,  p.  m.,  to  the  undersigned,  at  No.  street, 

in  the  city  of  New  York. 

> Assessors 
l Ward.” 

§ 57.  Every  officer  of  a company  or  association, 
to  whom  the  statement  mentioned  in  the  last 
section  is  furnished,  must  return  it  to  the  asses- 
sors of  the  ward,  at  or  before  the  time  mentioned 
in  the  notice  appended  thereto,  which  must  be  at 
least  ten  days  after  the  service,  filled  up  according 
to  the  fact,  and  duly  sworn  to  by  him  before  the 
assessors,  or  one  of  them,  or  before  an  officer  in 
the  city  of  New  York  authorized  to  take  affida- 
vits. 


§ 58.  The  statement  required  by  this  title, 
when  sworn  to  and  returned  by  the  officer  of  the 
company  or  association,  is  conclusive  upon  the  as- 
sessors, as  well  as  upon  the  company  or  associa- 
tion, as  to  the  value  of  its  personal  property  liable 
to  taxation. 

§ 59.  If  the  officer  of  a company  or  association 
to  whom  the  statement  mentioned  in  section  56, 


69 


is  furnished,  neglect  or  refuse  to  return  it  as  pre- 
scribed in  that  section,  the  assessors  must,  within 
the  time  prescribed  in  section  16,  for  the  comple- 
tion of  the  assessment  roll,  assess  the  company  or 
association  to  whose  officer  the  statement  was 
furnished,  for  personal  property,  to  an  amount  equal 
in  their  judgment  to  double  its  value ; which  as- 
sessment is  conclusive,  unless  reduced  by  the  tax 
commissioners  before  the  final  completion  of  the 
assessment  roll,  as  provided  in  sections  80  and  81. 

§ 60.  At  the  expiration  of  the  time  fixed  for  the 
return  of  the  statement  to  the  assessors,  they 
must  set  down  in  the  assessment  roll  of  their 
wards  respectively,  the  full  value  of  the  taxable 
property  of  the  company  or  association,  deducting 
its  ascertained  losses,  its  just  debts  and  liabilities, 
and  its  property  invested  in  the  stock  of  corpora- 
tions, companies  or  associations  liable  to  taxation. 

§ 61.  The  real  property  of  the  companies  or  as- 
sociations mentioned  in  this  title,  must  he  assessed 
in  the  same  manner  as  that  belonging  to  individuals. 


70 


TITLE  VI. 

OF  THE  ASSESSMENT  OF  TAXES  UPON  FOREIGN  COR- 
PORATIONS, COMPANIES  OR  ASSOCIATIONS. 

§ 62.  No  foreign  monied  corporation,  or  foreign 
mutual  insurance  or  trust  company  or  association, 
can  establish  an  agency  in  the  city  of  New  York, 
or  perform  any  act  therein  under  its  charter  or  ar- 
ticles of  association,  until  the  agent  or  person  con- 
ducting its  business  shall  file  with  the  comptroller 
of  that  city, 

1.  A copy  of  its  charter  or  articles  of  association, 
with  an  affidavit  taken  before  a person  authorized  to 
administer  oaths  in  that  city,  stating  the  amount 
of  its  capital  paid  in  or  secured  to  be  paid  in,  or 
the  amount  and  value  of  the  securities  upon  which 
its  business  is  founded  : 

2.  A bond  with  two  sufficient  sureties  to  be  ap- 
proved by  the  comptroller  of  that  city,  in  a penal 
sum  equal  to  at  least  two  per  cent,  upon  the 


71 


amount  of  such  capital  or  securities,  conditioned  to 
pay  to  the  Mayor,  Aldermen  and  Commonalty  of 
the  city  of  New  York,  all  taxes  which  may  he  as- 
sessed upon  the  corporation,  company  or  associa- 
tion; and 

3.  Unless,  within  ten  days  after  the  first  day  of 
January  in  each  year,  the  bond  mentioned  in  the 
last  subdivision  he  renewed. 

§ 63.  A foreign  monied  corporation,  which  has 
an  agency  established  in  the  city  of  New  York, 
or  an  office  therein  for  the  transaction  of  business, 
is  liable  to  taxation  upon  its  capital  employed  in 
such  business  and  upon  its  personal  property  there- 
in, whether  owned  by  it  or  held  in  trust,  deduct- 
ing therefrom  its  just  debts  and  liabilities  in  this 
state,  growing  out  of  such  business,  and  any  por- 
tion of  its  capital  so  employed  which  is  invested 
in  the  stock  of  a corporation,  company  or  associa- 
tion liable  to  taxation. 

§ 64.  A foreign  mutual  insurance  or  trust  com- 
pany or  association,  which  has  an  agency  estab- 
lished in  the  city  of  New  York,  or  an  office  therein 
for  the  transaction  of  business,  is  liable  to  taxation 


72 


upon  its  securities,  whether  by  bond,  bill,  note,  or 
otherwise,  employed  in  such  business  in  that  city, 
and  the  accumulations  and  profits  thereof  remaining 
undivided  and  unpaid,  and  upon  all  its  other  person- 
al property  therein,  whether  owned  by  it  or  held  in 
trust,  deducting  therefrom  its  ascertained  losses, 
its  just  debts  and  liabilities  in  this  state,  growing 
out  of  such  business,  and  any  portion  of  its  secu- 
rities so  employed  and  their  accumulations  or  pro- 
fits, which  is  invested  in  the  stock  of  a corporation, 
company  or  association  liable  to  taxation. 

§ 65.  The  assessments  authorized  by  the  last 
two  sections,  must  he  made  in  the  ward  in  which 
the  agency  of  the  corporation,  company  or  associ- 
tion  is  established,  or  in  which  its  place  of  busi- 
ness is  situated,  or  its  operations  are  carried  on. 

§ 66.  To  enable  the  assessors  to  make  the  as- 
sessments authorized  by  the  last  three  sections, 
they  must,  on  or  before  the  first  day  of  February 
in  each  year,  furnish  to  the  agent  of  the  corpora- 
tion, company  or  association,  either  personally,  or 
by  leaving  it  with  a person  of  suitable  age  and 
discretion  at  the  office  or  place  of  business  of  such 
agent,  a statement,  in  substantially  the  following 
form : 


73 


“ STATEMENT  OF  THE  ASSESSMENT  OF  (naming  the 

corporation,  company  or  association,)  for  per- 
sonal PROPERTY. 

1.  Name  of  the  corporation,  company 

or  association,  in  full : 

2.  The  place  of  its  agency  for  the 

transaction  of  its  business  : 

IF  IT  BE  A FOREIGN  MONIED  CORPORATION, 

3.  Amount  of  its  capital  employed 

in  the  transaction  of  its  busi- 
ness in  the  city  of  New  York, 
and  of  its  other  personal  pro- 
perty therein,  whether  owned 
by  it  or  held  in  trust,  deducting 
therefrom  its  just  debts  and  lia- 
bilities in  this  state,  growing 
out  of  such  business,  and  any 
portion  of  its  capital  so  employ- 
ed, which  is  invested  in  the 
stock  of  a corporation,  company 
or  association  liable  to  taxation, 

not  exceeding  $ 


10 


74 


IF  IT  BE  A FOREIGN  MUTUAL  INSURANCE  OR  TRUST 
COMPANY  OR  ASSOCIATION, 

4.  Amount  of  its  securities,  whether 
by  bond,  bill,  note,  or  otherwise, 
employed  in  the  transaction  of 
its  business  in  the  city  of  New 
York,  and  the  accumulations  and 
profits  thereof,  remaining  undi- 
vided and  unpaid,  and  of  all  its 
other  personal  property  therein, 
whether  owned  by  it  or  held  in 
trust,  deducting  therefrom  its 
ascertained  losses,  its  just  debts 
and  liabilities  in  this  state,  grow- 
ing out  of  such  business,  and 
any  portion  of  its  securities  so 
employed,  or  their  accumula- 
tions or  profits,  which  is  invested 
in  the  stock  of  a corporation, 
company  or  association  liable  to 
taxation,  not  exceeding  $ 

OATH. 

I,  , do  solemnly  swear,  (or  affirm,)  that  I 

am  the  agent  of  the  (naming  the  corporation,  com- 


75 


pany  or  association,)  and  that  the  foregoing  state- 
ment is,  in  all  respects,  just  and  true,  and  that  the 
property  therein  mentioned  does  not  exceed  in 
value  the  amount  set  opposite  thereto,  after  mak- 
ing the  deductions  therein  mentioned. 

Sworn  before  me,  the  > 
day  of  18  j 

NOTICE. 

This  statement  must  he  filled  up,  opposite  each 
of  the  divisions  thereof,  according  to  the  fact,  and 
must  be  sworn  to  before  one  of  the  assessors,  or 
before  an  officer  authorized  to  administer  oaths, 
and  must  be  returned  on  or  before  the  day 

of  18  , between  the  hours  of  10,  a.  m. 

and  4,  p.  m.,  to  the  undersigned,  at  No. 
street,  in  the  city  of  New  York. 

> Assessors 
5 Ward.” 

§ 67.  The  agent  to  whom  the  statement  men- 
tioned in  the  last  section  is  furnished,  must  re- 
turn it  to  the  assessors  of  the  ward,  at  or  before 
the  time  mentioned  in  the  notice  appended  thereto, 
which  must  be  at  least  ten  days  after  the  service, 
filled  up  according  to  the  fact,  and  duly  sworn  to 


76 


by  him  before  the  assessors,  or  one  of  them,  or  be- 
fore an  officer  in  the  city  of  New  York  authorized 
to  take  affidavits. 

§ 68.  The  statement  required  by  this  title,  when 
sworn  to  and  returned  by  the  agent  of  the  corpo- 
ration, company  or  association,  is  conclusive  upon 
the  assessors,  as  well  as  upon  the  corporation, 
company  or  association,  as  to  the  value  of  its  per- 
sonal property  liable  to  taxation. 

§ 69.  If  the  agent  of  a corporation,  company  or 
association,  to  whom  the  statement  mentioned  in 
section  66,  is  furnished,  neglect  or  refuse  to  return 
it  as  prescribed  in  section  67,  the  assessors  must 
within  the  time  prescribed  in  section  16,  for  the 
completion  of  the  assessment  roll,  assess  the  cor- 
poration, company  or  association  to  whose  agent 
the  statement  wras  furnished,  for  personal  property 
to  an  amount  equal  in  their  judgment  to  double  its 
value ; which  assessment  is  conclusive,  unless  re- 
duced by  the  tax  commissioners,  before  the  final 
completion  of  the  assessment  rolls,  as  provided  in 
sections  80  and  81. 


77 


§ 70.  At  the  expiration  of  the  time  fixed  for  the 
return  of  the  statement  to  the  assessors,  they  must, 
in  the  case  of  a foreign  monied  corporation,  set 
down  in  the  assessment  rolls  of  their  wards  re- 
spectively, the  full  value  of  its  capital  employed 
in  the  transaction  of  its  business  in  the  city  of  New 
York,  and  of  its  other  personal  property  therein, 
whether  owned  by  it  or  held  in  trust,  deducting 
therefrom  its  just  debts  and  liabilities  in  this  state, 
growing  out  of  such  business,  and  any  portion  of 
its  capital  so  employed,  which  is  invested  in  the 
stock  of  a corporation,  company  or  association  lia- 
ble to  taxation. 

§ 71.  The  assessors  must,  in  like  manner,  in  the 
case  of  a foreign  mutual  insurance  or  trust  com- 
pany or  association,  set  down  in  the  assessment 
rolls  of  their  wards  respectively,  the  full  value  of 
its  securities,  whether  by  bond,  bill,  note,  or  other- 
wise, employed  in  the  transaction  of  its  business 
in  the  city  of  New  York,  and  the  accumulations 
and  profits  thereof  remainingundivided  and  unpaid, 
and  of  all  its  other  personal  property  therein, 
whether  owned  by  it  or  held  in  trust,  deducting 
therefrom  its  ascertained  losses,  its  just  debts  and 


78 


liabilities  in  this  state,  growing  out  of  such  busi- 
ness, and  any  portion  of  its  securities  so  employed, 
or  their  accumulations  or  profits,  which  is  invested 
in  the  stock  of  a corporation,  company  or  associa- 
tion liable  to  taxation. 

§ 72.  The  real  property  of  the  corporations, 
companies  or  associations,  mentioned  in  this  title, 
must  be  assessed  in  the  same  manner  as  that  be- 
longing to  individuals. 

§ 73.  If  a corporation,  company  or  association, 
taxable  as  provided  in  this  title,  neglect  or  refuse 
to  pay  the  tax  imposed  thereon,  for  ten  days  after 
the  final  correction  of  the  assessment  rolls  by  the 
board  of  supervisors,  the  counsel  to  the  corpora- 
tion must  prosecute  the  bond  given  therefor  ac- 
cording to  section  62. 


79 


TITLE  VII. 

OF  THE  TAX  COMMISSIONERS  AND  THEIR  POWERS 
AND  DUTIES. 

§ 74.  The  supervisors  of  the  city  and  county  of 
New  York  must,  within  twenty  days  after  this  act 
takes  effect,  appoint  three  persons,  to  be  known 
as  the  tax  commissioners  of  the  city  of  New  York, 
to  hold  their  offices  until  and  including  the  thirty- 
first  day  of  December,  1852.  They  must  also,  in 
like  manner  within  thirty  days  before  the  expira- 
tion of  the  offices  of  the  tax  commissioners,  make 
a similar  appointment  for  the  next  three  years, 
and  so  on,  in  like  manner,  in  every  third  year 
thereafter.  If  a vacancy  occur  in  the  office  of 
either  of  the  tax  commissioners,  it  may  be  filled 
by  a similar  appointment,  to  continue  in  force  un- 
til the  expiration  of  the  office  of  the  person  in  re- 
spect to  whom  the  vacancy  occurred. 

§ 75.  The  supervisors  must  also,  within  the  same 
time,  provide  the  compensation  of  the  tax  commis- 


80 


sioners,  and  of  such  number  of  clerks  and  assis- 
tants as  may  be  deemed  necessary.  They  must 
also  assign  them  a suitable  office  in  the  City  Hall 
in  the  city  of  New  York,  to  be  known  as  the  tax 
commissioners’  office. 

§ 76.  The  tax  commissioners  must  keep  in  their 
office,  in  suitable  books,  to  he  provided  for  that 
purpose  by  the  supervisors,  a record  of  all  infor- 
mation which  they  may  receive  or  he  able  to  ob- 
tain, in  respect  to  taxable  property  or  persons  lia- 
ble to  taxation  in  the  city  of  New  York,  and  of  all 
changes  in  the  divisions  of  real  property  in  that 
city,  of  which  they  can  obtain  information,  and 
must  preserve  all  maps  delivered  to  them  for  that 
purpose,  and  file  all  assessment  rolls  furnished  to 
them  by  the  assessors.  The  books,  records,  maps 
and  papers,  mentioned  in  this  section,  are  public 
records,  and  must,  at  all  reasonable  times,  be  open 
to  public  inspection. 

§ 77.  The  tax  commissioners  must  cause  to  be  pre- 
pared and  delivered,  on  or  before  the  first  day  of 
January  in  each  year,  to  the  assessors  of  the  se  veral 
wards,  the  assessment  rolls  for  their  wards  respec- 


81 


lively,  with  the  printed  blanks  or  statements  re- 
quired by  this  act. 

§ 78.  When  the  assessors  have  completed  their 
assessments,  they  must  sign  the  assessment  roll  of 
their  ward,  and  must  attach  thereto  and  sign  a cer- 
tificate in  the  following  form:  <f  We  do  severally 
certify,  that  we  have  set  down  in  the  above  assess- 
ment roll,  all  the  real  property  situated  in  the 
Ward,  according  to  our  best  information;  and 
that,  with  the  exception  of  those  cases  in  which 
the  value  of  the  real  property  has  been  proved  by 
the  testimony  of  a disinterested  person,  we  have 
estimated  its  value  at  the  sums  which  we  have 
decided  to  be  the  true  value  thereof,  and  at  which 
we  would  appraise  the  same  in  payment  of  a just 
debt  due  from  a solvent  debtor;  and  also  that  the 
assessment  roll  contains  a true  statement  of  the 
aggregate  amount  of  the  taxable  personal  property 
of  each  and  every  person  named  in  the  roll,  over 
and  above  the  amount  of  debts  due  from  him,  and 
excluding  such  stocks  as  are  otherwise  taxable ; 
and  that  with  the  exception  of  those  cases  in 

which  the  value  of  such  personal  property  has 

11 


82 


been  sworn  to  by  the  owner  or  possessor,  we  have 
estimated  the  same  as  required  by  law.” 

§ 79.  Within  ten  days  after  the  assessment  rolls 
for  the  several  wards  have  been  completed  by  the 
assessors,  they  must  be  delivered  to  the  tax  com- 
missioners, who  must  thereupon  examine  and 
compare  them,  for  the  purpose  of  ascertaining 
whether  the  valuations  in  one  ward  bear  a just  re- 
lation to  the  valuations  in  all  the  wards  of  the 
city ; and  they  may  increase  or  diminish  the  ag- 
gregate valuations  of  real  property  in  any  ward, 
by  adding  or  deducting  such  sum  upon  the  hun- 
dred, as  may,  in  their  opinion,  be  necessary  to 
produce  a just  relation  between  all  the  valuations 
of  real  property  in  the  city ; but  they  can  in  no 
instance  reduce  the  aggregate  valuations  of  all  the 
wards,  below  the  aggregate  valuation  thereof  as 
made  by  the  assessors  of  the  wards  respectively. 

§ 80.  Within  ten  days  after  the  assessment  rolls 
are  delivered  to  the  tax  commissioners,  they  must 
cause  a notice  to  be  published  in  three  of 
the  newspapers  in  the  city  of  New  York, — 
having  the  largest  circulation,  to  the  effect  that 


83 


the  assessors  have  completed  their  assessment 
rolls,  and  that  the  same  are  left  with  the  tax 
commissioners,  at  their  office  in  the  City  Hall  in 
the  city  of  New  York,  where  the  same  may  be 
seen  and  examined  by  any  person  taxable  in  that 
city,  during  at  least  thirty  days ; and  that  the  tax 
commissioners  will  meet  at  their  office,  for  a cer- 
tain number  of  days  and  between  certain  hours, 
to  be  specified  in  the  notice,  to  review  the  assess- 
ments, on  the  application  of  any  person  conceiving 
himself  aggrieved. 

§ 81.  The  tax  commissioners  must  meet  at  the 
times  and  place  specified  in  the  notice,  and  on  the 
application  of  any  person  conceiving  himself  ag- 
grieved, must  review  the  assessments,  and  when 
the  person  objecting  has  not  previously  made  affi- 
davit concerning  the  value  of  the  property  assess- 
ed, as  provided  in  this  act,  must,  in  the  case  of 
personal  property,  on  his  affidavit,  or  of  real  pro- 
perty, on  the  affidavit  of  a disinterested  person, 
reduce  the  assessment  to  the  sum  specified  in  the 
affidavit. 


§ 82.  The  affidavit  mentioned  in  the  last  sec- 


84 


tion,  must  be  made  before  the  tax  commissioners, 
or  one  of  them,  either  of  whom  is  authorised  to 
administer  an  oath  for  that  purpose  ; and  the  tax 
commissioners  must  file  the  affidavit  in  their  office. 

§ 83.  The  tax  commissioners  must  thereupon 
correct  the  assessment  roll  for  each  ward,  and 
when  so  corrected  must  cause  a copy  thereof  to 
be  prepared,  and  must  attach  thereto  and  sign  a 
certificate,  in  substantially  the  following  form: — 
“We  certify  that  the  preceding  is  a copy  of  the 
corrected  assessment  roll  of  the  Ward.” 

§ 84.  The  rolls,  thus  certified,  must,  on  or  be- 
fore the  first  day  of  September,  in  each  year,  be 
delivered  by  the  tax  commissioners  to  the  Comp- 
troller of  the  city  of  New  York,  and  be  by  him  de- 
livered to  the  supervisors,  at  a meeting  to  be  held 
for  that  purpose,  as  provided  in  the  next  section. 


85 


TITLE  VIII. 

OF  THE  POWERS  AND  DUTIES  OF  THE  BOARD  OF 

SUPERVISORS,  IN  RESPECT  TO  THE  EQUALIZA- 
TION AND  CORRECTION  OF  TAXES. 

§ 85.  The  Board  of  Supervisors  of  the  city  and 
county  of  New  York,  must  meet  at  the  City  Hall 
in  that  city,  on  the  second  Wednesday  of  Sep- 
tember in  each  year,  at  noon  of  that  day,  and  must 
then  and  there  examine  the  assessment  rolls  of 
the  several  wards  in  that  city,  for  the  purpose  of 
ascertaining  whether  the  valuations  in  one  ward 
hear  a just  relation  to  the  valuations  in  all  the 
wards  in  the  city,  and  of  proceeding  as  provided 
in  this  title. 

§ 86.  They  must  also  make  such  alterations  in 
the  description  of  real  property  belonging  to  non- 
residents, as  may  he  necessary  to  render  such  de- 
scriptions conformable  to  the  provisions  of  this 
act ; and  if  such  alterations  cannot  he  made,  they 
must  expunge  the  descriptions  of  such  real  prop- 
erty, and  the  assessments  thereon,  from  the  assess- 
ment rolls. 


86 


§ 87.  They  must  also  estimate  and  set  down  in 
a fifth  column,  to  he  prepared  for  that  purpose  in 
the  assessment  rolls,  opposite  to  the  several  sums 
set  down  as  the  valuation,  of  real  and  personal 
property,  the  respective  sums,  in  dollars  and  cents, 
to  be  paid  as  a tax  thereon,  rejecting  the  frac- 
tions of  a cent. 

§ 88.  They  must  also  add  up  and  set  down  the 
aggregate  valuations  of  the  real  and  personal  pro- 
perty in  the  several  wards,  as  corrected  by  them  ; 
and  must  transmit  to  the  Comptroller  of  this  state, 
by  mail,  a certificate  of  such  aggregate  valuations, 
showing  separately  the  aggregate  amount  of  the 
real  and  personal  property  in  each  ward,  as  cor- 
rected by  the  Board. 

§ 89.  They  must  also  cause  the  corrected  as- 
sessment roll  of  each  ward,  or  a copy  thereof,  to 
he  delivered  to  the  Comptroller  of  the  city,  to  be 
kept  by  him  for  the  use  of  the  city. 

§ 90.  The  Board  of  Supervisors  may  remit  or 
reduce  a tax  imposed,  as  prescribed  by  this  act, 
for  good  cause  shown  by  affidavit,  taken  before  an 


87 


officer  authorized  to  administer  oaths  in  the  city 
of  New  York,  and  filed  by  them  with  the  tax  com- 
missioners, hut  such  reduction  or  remission  must 
be  made  before  the  collection  of  the  tax. 


TITLE  IX. 


GENERAL  PROVISIONS  AND  DEFINITIONS. 

§ 91.  If,  at  any  time  after  the  assessors  have 
completed  their  assessment  rolls,  and  within  the 
same  year,  they  discover  that  any  person,  corpo- 
ration, company  or  association,  liable  to  taxation, 
as  provided  by  this  act,  has  not  been  assessed, 
they  must  proceed  to  assess  the  same,  in  the  same 
manner  as  they  are  required  to  do  by  this  act 
within  the  time  limited  thereby. 

§ 92.  The  assessment  so  made  must  be  forth- 
with certified  by  the  assessors,  and  delivered  to 
the  tax  commissioners,  who  must  proceed  in  re- 
spect thereto  in  the  same  manner  as  if  it  had  been 
embraced  in  the  original  assessment  roll;  and 
must,  in  like  manner,  return  it  to  the  Board  of 
Supervisors,  by  whom  it  must  he  delivered  to  the 
receiver  of  taxes  for  collection,  in  the  same  man- 
ner as  the  original  assessment  roll. 


89 

§ 93.  If  an  assessor  or  tax  commissioner  wilful- 
ly refuse  or  neglect  to  perform  any  of  the  duties 
required  of  him  by  this  act,  he  shall  forfeit  to  the 
Mayor,  Aldermen  and  Commonalty  of  the  city  of 
New  York,  the  sum  of  one  hundred  dollars,  to  be 
recovered  in  a civil  action,  and  shall  also  be  pun- 
ishable for  a misdemeanor. 

§ 94.  When  an  oath  or  affidavit  is  authorized  by 
this  act,  any  wilful  false  swearing  therein  is  per- 
jury. 

§ 95.  Unless,  when  otherwise  provided,  words 
used  in  this  act,  in  the  present  tense,  include  the 
future,  as  well  as  the  present.  Words  used  in  the 
masculine  gender  comprehend  as  well  the  femi- 
nine and  neuter.  The  singular  number  includes 
the  plural,  and  the  plural  the  singular. 

§ 96.  The  term  “ real  property,”  as  used  in  this 
act  includes  the  land  itself,  all  buildings,  and 
other  articles  erected  upon  or  affixed  to  the  same, 
all  trees  and  underwood  growing  thereon,  and  all 
mines,  minerals,  quarries  and  fossils  in  and  under 

the  same,  except  mines  belonging  to  the  state. 

12 


90 


§ 97.  The  term  “ personal  property/'  as  used  in 
this  act,  includes  all  household  furniture,  moneys, 
goods,  chattels,  debts  due  from  solvent  debtors, 
whether  on  account,  note,  contract,  bond,  or  mort- 
gage, public  stocks,  and  stocks  in  monied  corpo- 
rations, companies  or  associations.  It  also  includes 
such  portion  of  the  capital  of  corporations,  com- 
panies and  associations  liable  to  taxation  as  is  not 
invested  in  real  property. 

§ 98.  The  term  “ corporation/'  as  used  in  this 
act,  includes  monied  or  stock  corporations  incor- 
porated with  a fixed  capital  by  a special  act  of  the 
legislature  of  this  state,  and  all  persons,  or  associ- 
ations of  persons  formed  for  the  purpose  of  bank- 
ing, under  the  provisions  of  an  act,  entitled  “ an 
act  to  authorize  the  business  of  banking/'  passed 
April  13,  1838,  and  the  acts  amendatory  thereof, 
or  for  any  other  purpose,  except  mutual  insurance 
or  trust  companies  or  associations. 

§ 99.  The  term  “ foreign  corporations,"  as  used 
in  this  act,  includes  monied  or  stock  corporations 
incorporated  with  a fixed  capital,  under  a special 
or  general  a-ctof  any  other  state,  territory,  govern- 


91 


merit  or  country,  except  mutual  insurance  or  trust 
companies  or  associations. 

§ 100.  The  terms  “ mutual  insurance  or  trust 
companies  or  associations,”  as  used  in  this  act,  in- 
clude all  companies  or  associations,  incorporated 
or  formed  under  special  or  general  acts  of  the  leg- 
islature of  this  state,  for  transacting  the  business  of 
insurance  on  lives,  or  against  loss  by  lire  or  other 
cause,  or  against  marine  risks,  or  for  receiving  or 
holding  money  or  property  in  trust,  upon  the  mu- 
tual principal  cr  plan,  as  contradistinguished  from 
joint  stock  companies  or  corporations. 

§ 101.  The  terms  “ foreign  mutual  insurance  or 
trust  companies  or  associations,”  as  used  in  this 
act,  include  companies  or  associations,  incorporat- 
ed or  formed  under  special  or  general  laws  of  any 
other  state,  territory,  government  or  country,  for 
transacting  the  business  of  insurance  on  lives,  or 
against  loss  by  fire  or  other  cause,  or  against  ma- 
rine risks,  or  for  receiving  or  holding  money  or 
property  in  trust,  upon  the  mutual  principle  or 
plan,  as  contradistinguished  from  joint  stock  com- 
panies or  corporations. 


§ 102.  This  act  shall  be  liberally  construed  for 
the  purpose  of  carrying  its  objects  into  effect, 

§ 103.  All  acts  and  parts  of  acts,  inconsistent 
with  this  act,  are  repealed.  But  this  repeal  shall 
not  affect  any  act  done  or  right  accrued,  or  any 
proceeding,  action  or  prosecution  for  an  offence, 
or  for  the  recovery  of  a penalty  or  forfeiture,  com- 
menced or  pending,  under  any  of  the  acts  or  parts 
of  acts  so  repealed. 

§ 104.  This  act  shall  take  effect  immediately, 
except  that  the  times  within  which  the  assessors 
and  tax  commissioners  shall  perform  their  several 
duties  imposed  thereby,  may  be  fixed  for  the  year 
1850,  but  no  longer,  by  the  board  of  supervisors  of 
the  city  and  county  of  New  York, 


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